SELLAMUTHU Vs. TAMILARASI

JUDGEMENT

(1.) This revision is directed against the order dated 22.03.2007 passed in I.A.No.138 of 2007 in I.A.No.713 of 2005 in O.S.No.146 of 2005 on the file of the District Munsif Court, Kangayam, dismissing the petition filed under Order 1, Rule 10(2) CPC seeking to implead the petitioner herein as respondent No.11 in I.A.No.713 of 2005. The petitioner is a third party to the suit proceedings.

(2.) The petitioner has filed I.A.No.138 of 2007 under Order 1, Rule 10(2) CPC to implead him as respondent No.11 in I.A.No.713 of 2005 alleging that the suit property commonly belonged to Karuppa Gounder's sons Sennimalai Gounder and Veerappa Gounder. The first defendant Komarasami Gounder and Palanisami Gounder are the legal heirs of Sennimalai Gounder and third defendant Komarasami Gounder and the sixth defendant Ramasami Gounder are the legal heirs of Veerappa Gounder. Defendants 7 and 8 are the sons of 6th defendant. It is alleged that Palanisami Gounder had two wives. Subbarayan and Samiathal were born through first wife and the second wife has no issue. Sennimalai Gounder bequeathed his share in the suit properties to his grand-son Subbarayan through a Will registered as Document No.21 of 1950. Subbarayan sold properties in S.No.47/1 and 62/A measuring an extent of 84= cents with common 1/6th share in the common well and electric motor pumpset to the petitioner and defendants 5 and 7 through a sale deed on 14.08.1987. According to the petitioner, he is entitled to 1/3rd share in the purchased property and defendants 5 and 7 each are entitled 1/3rd share.

(3.) The case of the petitioner is that on 06.01.2007, when the Advocate Commissioner visited the suit properties for division of the same, he came to know about the filing of the suit, preliminary decree for partition passed and also filing of the final decree application by the first respondent. Immediately, the petitioner engaged an Advocate and verified the Court records and he was advised to file petition to implead himself as the 11th respondent in the final decree application (I.A.No.713 of 2005). Hence, the petitioner seeks to implead him as 11th respondent in I.A.No.713 of 2005.