K ANDAL Vs. KISHORE KUMAR

JUDGEMENT

(1.) These revision petitions have been filed to set aside the order and decretal order dated 08.06.2017 in I.A.No.191 of 2016 in A.S.No.9 of 2016 on the file of the Sub-Court, Gingee.

(2.) According to the petitioners, the third respondent filed an application in I.A.No.1234 of 2015 in O.S.No.185 of 2015 under Order 7 Rule 11(D) and Section 151 CPC to reject the plaint and the same was allowed on 15.02016. As against the said order, respondents 1 and 2 herein preferred an appeal in A.S.No.9 of 2016 on the file of the Sub-Court, Gingee. Subsequently, respondents 1 and 2 filed C.R.P.(PD)No.589 of 2016 against the 3rd respondent and the said revision petition was dismissed by order dated 26.02016. Aggrieved by the dismissal order dated 26.02016, respondents 1 and 2 have filed S.L.P.No.17853 of 2016 before the Hon'ble Supreme Court and the same was dismissed on 26.09.2016. Thereafter, respondents 1 and 2 filed an application in I.A.No.191 of 2016 in A.S.No.9 of 2016 under Order 1 Rule 10(2) of CPC to implead the proposed parties K.Aandal and G.Mythili as respondents in the appeal and the learned appellate Judge allowed the said application on 08.01.2017. As against the order dated 08.06.2017, the petitioners filed the present Civil Revision Petitions.

(3.) The learned counsel for the petitioners submitted that the Court below erroneously allowed the application. Since the plaint is rejected, there is no question of impleading of subsequent parties as a party to the appeal as they are not a necessary party. Hence, the impugned order dated 08.06.2017 are liable to be set aside.