VALLIAMMAL TEXTILES Vs. SREE MEENAKSHISUNDARAM TEXTILES

JUDGEMENT

(1.) (This civil revision petition is preferred against the order dated 01.07.2008 passed by the learned District and Sessions Judge (Fast Track Court No.V), Coimbatore at Tiruppur in I.A.No.1379 of 2007 in O.S.No.16 of 2005.) Heard the learned counsel for the petitioner. Despite printing the name of the learned counsel for the respondent, no one appeared.

(2.) AN epitome and summation of the relevant facts, which are absolutely necessary and germane for the disposal of this revision would run thus: The revision petitioner/plaintiff filed the suit in O.S.No.16 of 2005 seeking the following relief: - directing the defendant to pay the plaintiff a sum of Rs.1,12,25,770/- with future interest from the date of suit till realisation at 18% per annum on Rs.85,72,500/-. While so, the first defendant entered appearance and filed the written statement whereupon reply statement was also filed subsequently, I.A.No.1379 of 2007 was filed by the first defendant for impleading the following proposed parties: (i) M/s.Sree V.Meenakshi Sundaram Textiles rep.by its Depot in-charge (ii) Mr.M.Thiagarajan After hearing both sides, the lower Court allowed the I.A. Being disconcerted by and dissatisfied with the orders of the lower Court, this revision has been focussed on various grounds.

(3.) LEARNED counsel for the revision petitioner cited the decision of the Honourable Apex Court reported in 2008 (1) CTC 343 (Sunil Gupta vs. Kiran Girhotra and others) "21. Further more, the plaintiff in the suit is the dominus litis. If he intends to take a calculated risk in the matter, the court may not exercise its discretionary jurisdiction."