LEELAVATHI Vs. SRI VENKATESWARA FINANCE

JUDGEMENT

(1.) THE above Civil Revision Petition is filed against the Orders dated 29.06.2007 passed in I.A.No,232 of 2007 in O.S.No.139 of 2004 on the file of the Additional District Judge (Fast Track Court No.II), Salem.

(2.) THE third party in I.A.No,232 of 2007, in O.S.No.139 of 2004 on the file of the Additional District Judge (Fast Track Court No.II), Salem, is the revision petitioner before this court. She is aggrieved by the order of the trial court dated 29.6.2007, dismissing the application filed by her under Order I Rule 10 C.P.C. to implead herself as the 14th defendant in the suit.

(3.) THE plaintiff as first respondent in I.A.No,232 of 2007 filed a counter stating that the revision petitioner has got every right to claim her maintenance amount by filing an execution petition against her husband before the Execution Court. THErefore, the present petition filed by her to implead is not enforceable in law because the suit of the plaintiff is based on a contract entered into between the buyer and the seller. That apart, the decree obtained by the third party revision petitioner as against the first respondent is collusive in nature with an intention to prevent the plaintiff from getting on with the trial and also to drag the proceedings of the suit. Hence, they prayed for the dismissal of the impleading petition.