MURUGESAN Vs. PONNUSAMY

JUDGEMENT

(1.) This civil revision petition has been filed against the order dated 11.08.2017 made in I.A. No.59 of 2016 in O.S. No.86 of 2015 by the learned District Munsif cum Judicial Magistrate, Vedaranyam.

(2.) The suit in O.S.No.86 of 2015 was filed by one Thambusamy. The revision petitioner is third party to the suit and respondent herein is the defendant.

(3.) Thambusamy filed a suit in O.S.No.86 of 2015 before the learned District Munsif-cum-Judicial Magistrate, Vedharanyam, seeking to declare the settlement deed dated 08.12.2014 executed in favour of the defendant as null an void and for consequential permanent injunction. Pending the suit, the plaintiff sold the suit property to the revision petitioner vide registered sale deed dated 11.03.2016. Subsequently, pending the suit, plaintiff Thambusamy died on 26.09.2016. Hence the suit was dismissed as abated by judgment and decree dated 11.08.2017, since no one has come forward to proceed the case as legal representatives of deceased plaintiff Thambusamy. The revision petitioner, who is the litigant purchaser filed an interlocutory application in I.A.No.59 of 2017 seeking to implead him as second plaintiff in the suit in O.S.No.86 of 2015.