R. MANI Vs. P. KALAISELVI

JUDGEMENT

(1.) Challenging the fair and final order passed in I.A. No. 504 of 2011 in O.S. No. 128 of 2005 on the file of the Subordinate Court, Kallakurichi, the plaintiff has filed the above Civil Revision Petition.

(2.) The plaintiff filed the suit in O.S. No. 128 of 2005 for specific performance on 14.12.2005.

(3.) The 1st respondent/defendant sold the property to the proposed 2nd defendant on 16.11.2005 and registered a Sale Deed in his favour. Thereafter, the plaintiff took out an application in I.A. No. 504 of 2011 on 02.08.2011 to implead the subsequent purchaser as the 2nd defendant in the suit. In the affidavit filed in support of the petition, the plaintiff has stated that since the 1st defendant, against whom the suit was filed for specific performance, had sold the property to the proposed party even prior to the institution of the suit, therefore, he is a proper and necessary party for proper adjudication of the matter. The application filed by the plaintiff was opposed by the respondents. The trial Court, after taking into consideration the case of both parties, dismissed the application finding that the application filed by the plaintiff to implead the proposed party is barred by limitation.