PAVAYEE Vs. ARUMUGAM

JUDGEMENT

(1.) 1.1. The Petitioner is the Plaintiff in O.S. No.1 of 1999 on the file of the District Munsif Court, Tiruchengode. He filed an Application in I.A. No.1563 of 2008 Under Order 1, Rule 10, and Section 151, C.P.C., to implead one Mohanraj, who is acting Power Agent for the Second Respondent in the Suit in his individual Capacity.

(2.) IN the affidavit, it is alleged that the second defendant along with his men is seriously trying to interfere with the possession and enjoyment of the suit properties, not only claiming as a Power Agent of the second defendant, but also in his individual capacity and therefore, he has to be necessarily added in the Suit in his personal capacity or otherwise, the plaintiff has to file another Suit, even if the present Suit is decreed as prayed for. It is further stated in the affidavit that if he is not added, it would lead to multiplicity of the proceedings.

(3.) HEARD the learned counsel for the parties and perused the materials on record.