PATTUSAMY Vs. KANDASAMY

JUDGEMENT

(1.) HEARD the learned counsel for both and perused the records placed before me.

(2.) THE above revision petition is directed against the fair and decretal order dated 9.3.1998 made in I.A.No.112 of 1998 in O.S.No.126 of 1997 by the Court of District Munsif, Sankari, thereby dismissing an application filed by the petitioner herein under O.1, Rule 10 of the Code of Civil Procedure praying to implead him as necessary party to the above suit and bringing him on record as the 5th defendant therein.

(3.) IN result, the revision petition is allowed setting aside the fair an decretal order passed by the Court of District Munsif, Sankari in I.A.No.212 of 1998 in O.S.No.126 of 1997, dated 9.3.1998. However, in the circumstances of the case, there shall be no order as to costs, Consequently, C.M.P.No.5085 of 1998 is closed. Since both the suits in O.S.No.126 of 1997 pending on the file of D.M.C. Sankari and O.S.No.432 of 1997 pending in the file of Sub Court, Sankari are interconnected, interrelated and interwoven together, the parties are advised to get the suit in hand i.e., O.S.No.126 of 1997 transferred to the file of the Sub Court, Sankari by filing the necessary transfer application before the appropriate forum of law for having a joint trial of both the suits by one and the same court, i.e., the court of Subordinate Judge, Sankari for proper appreciation of the evidence and to deliver a binding judgment.