V RAVIMENON Vs. R EBINESSAR

JUDGEMENT

(1.) THE petitioner is the first defendant in O.S. No.144 of 1999 on the file of the District Munsif at Alandur. THE first respondent/Plaintiff has filed the said Suit for permanent injunction against the petitioner and the third respondent herein. Pending trial of the Suit, the first respondent filed an Application in I.A.No,2920 of 2006 under Order 1, Rule 10(ii) of Civil Procedure Code to implead the second respondent herein as the Second Plaintiff in the Suit.

(2.) IN the affidavit filed by the first respondent, it is affirmed that he has sold the suit property in favour of the second respondent on 06.02.2004 and even though the sale was made during the pendency of the Suit, he has to be impleaded in the Suit.

(3.) MR. P. Valliappan, learned counsel for the petitioner would argue that if anybody gets alienation pending trial of the Suit, the alienation is hit by the principles of lis pendens and he need not be made as a party to the suit since the result of the Suit will bind that party also. It is his further contention that the proposed party is neither a proper nor a necessary party and his presence is not at all essential for adjudication of rights of the parties in the Suit.