S DHANARAJ Vs. DHAKSHINA MARA NADAR SANGAM

JUDGEMENT

(1.) THE revision petitioners/petitioners have filed the present civil revision petition as against the order dated 22.12.2008 in I.A. No. 369 of 2008 in O.S. No. 105 of 2008 passed by the learned Principal Subordinate Judge, Tirunelveli, in dismissing the application filed by the petitioners under Order I Rule 10(2) and Section 151 of the Code of Civil Procedure to implead them as proposed parties/defendants.

(2.) THE trial Court while passing orders in I.A. No. 369 of 2008, has among other things observed that 'O.S. No. 105 of 2008 was posted for defendants' side evidence and filing this impleading application is only to drag on the proceedings and also it is against the direction of the Honorable High Court order passed in C.R.P. No. 1104 of 2008 dated 30.06.2008, etc. and that the petitioners are neither proper nor necessary parties to the suit and resultantly, dismissed the application without costs.

(3.) THE learned Counsel for the revision petitioners submits that P.W.1 was examined on 14.10.2008 and cross-examined on 07.11.2008 and recalled on 05.01.2009 after expiry of six months' time granted by the Honorable High Court in C.R.P (PD) MD. Nos. 1104, 1144 and 1145 of 2006, to the trial Court to dispose of the main suit in O.S. No. 105 of 2008 within a period of six months from the date of receipt of a copy of this order and that this Court in C.R.P(PD) MD. No. 25 of 2009 and M.P. (MD) No. 1 of 2009 filed against the orders passed by the trial Court in I.A. No. 369 of 2008, has granted interim stay on 19.01.2009 and in an application to implead a party to the pending proceedings or in a pending suit, a party/litigant must have a legal right in the issues/controversies involved and further, to avoid conflicting decisions or plurality of proceedings, a party can be added in a given case.