K. RAMALINGA GOUNDER Vs. MALATHI AND OTHERS

JUDGEMENT

(1.) These Civil Revision Petition is filed against the fair and final order dated 31.08.2017 passed in I.A. Nos.648 and 649 of 2017 in O.S. No.119 of 2015 on the file of the Court of the Subordinate Judge at Dharapuram.

(2.) The learned counsel for the petitioner would submit that originally, the revision petitioner has filed the suit in O.S. No.83 of 2012 before the learned Subordinate Judge, Udumalpet for recovery of possession, arrears of rent and other consequential reliefs and the same has been transferred to the learned Subordinate Judge, Dharapuram and re-numbered as O.S. No.119 of 2015 and the aforesaid suit was posted for trial on 03.10.2016. PW1 was examined and Exs. A1 to A6 were marked. At this stage, the second respondent has filed additional written statement along with application in I.A. No.586 of 2016 to implead him as a party and the same was allowed. Against which the revision petitioner has filed CRP (PD) No.1730 of 2017 before this Court and obtained orders for speedy disposal of the suit. Thereafter, PW1 further examined and Exs. A7 and A8 were marked and PW1 was cross examined partly. On 21.07.2017, the first respondent in both CRPs has filed an application in I.A. No.648 and 649 of 2017 under Order 1 Rule 10(2) r/w Section 151 of Code of the Civil Procedure, 1908 to implead him as a second defendant which was allowed on 31.08.2017. Challenging the aforesaid application the petitioner has preferred the present Civil Revision Petition before this Court.

(3.) Mr.L.Chandrakumar, the learned counsel for the petitioner submits that the petitioner has filed the suit for recovery of possession against the tenant/second respondent. The first respondent in both CRPs has filed an application in I.A. No.648 and 649 of 2017, by stating that the first respondent have the title over the suit property on the basis of the sale deed marked under Ex. A3. The Court below has failed to consider the dictum of the dominus litus of the petitioner/plaintiff, to implead her as a party in the aforesaid suit. Therefore, the order passed by the Court below is erroneous and liable to be set aside.