M SHANMUGAM Vs. N RADHAMANI

JUDGEMENT

(1.) THIS civil revision petition is filed against the order dated 15.11.2007 passed in I.A.No,845 of 2007 in O.S.No,605 of 2007 by the Principal District Munsif, Salem.) Anim adverting upon the order dated 15.11.2007 passed in I.A.No,845 of 2007 in O.S.No,605 of 2007 by the Principal District Munsif, Salem, this civil revision petition is filed.

(2.) A summation and summarization of the case of the petitioners, as stood exposited from the records could be portrayed thus:- The respondent/plaintiff filed the suit O.S.No.134 of 2007 seeking injunction as against the Electricity Board not to give electricity connection to the revision petitioners/defendants to run the mill pending disposal of the suit for partition, which is pending in O.S.No,605/2007. The petitioners/defendants filed an application I.A.No,845 of 2007 invoking order 2 Rule 2 C.P.C. on the ground that a separate suit would not lie. Whereupon the lower Court dismissed the said application, after hearing both sides. Being aggrieved by and dissatisfied with the said order this civil revision petition is focussed by the defendants.

(3.) IN this factual matrix, I am of the considered opinion that in the suit O.S.No.134 of 2007, which is pending, the plaintiff, namely, the respondent herein could have very well filed an I.A. and in that I.A. she could have added the Electricity Board also as one of the respondents and sought for relief. It is also a trite proposition of law that in the I.A. a new party can be added for limited purpose, even though the said party is not a party in the original suit. However, the respondent/plaintiff had resorted to the luxury of filing a separate suit.