M PAUL RAJ Vs. N PARAMASIVAM

JUDGEMENT

(1.) THE civil revision petitioner/appellant has preferred this civil revision petition as against the order passed in I.A. No. 10 of 2008 in R.C.A. No. 16 of 2004 passed by the learned Principal Subordinate Judge, Nagercoil, Kanyakumari District (learned appellate authority) in dismissing the application filed by the petitioner under Order 1 Rule 10 (2) and Section 151 of the Code of Civil Procedure, to implead the Executive Officer, Incorporated and incorporated Devasams, Suchindram, Kanyakumari District.

(2.) THE learned appellate authority namely the learned Principal Subordinate Judge, Nagercoil, Kanyakumari District, while passing orders in I.A. No. 10 of 2008 has come to the conclusion that the proposed party namely the second respondent Devasom Board is not necessary or a proper party to the appeal proceedings and resultantly, dismissed the application.

(3.) IN the counter filed by the respondent/petitioner, it is inter alia stated that 'building portions comes within the patta land of this landlord/petitioner in the main O.P and vacant area abutting on the south belongs to Devaswom Board and that the building in issue exclusively falls within the patta land of the landlord and that the Devaswom is not necessary party and a similar application has been filed to implead Devaswom by a tenant, a lessee of adjoining shop in R.C.O.P. No. 36 of 1992 which has been dismissed by the learned Rent Controller, Nagercoil and the same has been confirmed by the High Court in C.R.P. No. 1093 of 2007 holding that the Devaswom Board is unnecessary party and that the main eviction proceedings in R.C.O.P. No. 36 of 1992 is neither maintainable in law nor on facts and therefore, prays for the dismissal of the application.