LOURDU SAVIO Vs. ELAVARASI AND ANR.

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the order and decreetal order dated 19.07.2016 passed in I.A. No. 484 of 2016 in O.S. No. 59 of 2012 by the Principal District Munsif, Gingee.

(2.) The petitioner has filed a suit in O.S. No. 59 of 2012 for declaration of title against his mother and two brothers. In the aforesaid suit, the respondents herein have filed an Interlocutory Application in I.A. No.484 of 2016 seeking to implead them as party in the suit. According to the petitioner, the court below has allowed the application without considering the case of the petitioner. Hence, the present revision petition is filed before this Court.

(3.) The learned counsel for the petitioner would submit that the 1st defendant initially executed a settlement deed in favour of the petitioner. But, subsequently the same was cancelled and the same was made in favour of the 2nd and 3rd defendants. Therefore, the aforesaid suit was filed for declaration, claiming right over the suit property. The respondents herein are not necessary parties in the aforesaid suit. Hence, the order of the court below is liable to be set aside.