ANUSUYA Vs. D.SELVARAJ

JUDGEMENT

(1.) This revision petition has been filed against the fair and decretal order made in I.A.No.301 of 2019 in O.S.No.72 of 2013 on the file of the learned District Munsif Court, Thiruthuraipoondi, by order dated 18.07.2019.

(2.) Before the trial Court, the revision petitioner/plaintiff filed a suit for specific performance against the 1st respondent.

(3.) Subsequently, after coming to know the fact that, the 1st respondent/1st defendant sold the property to the 2nd defendant by a sale deed, by thus, a third party right has been created on the property, which is in question, the plaintiff chosen to file an application to implead the 2nd respondent/2nd defendant as one of the defendant in the suit and the said petition was allowed on 10.01.2017. Thereafter, the present application, of course belatedly, filed on 03.07.2019 by the revision petitioner/plaintiff to amend the prayer, so as to enabling the plaintiff to seek the remedy of declaration against the sale in favour of the 2nd defendant by the 1st defendant pendente lite as null and void, so that comprehensively the suit for specific performance to enforce the contract between the plaintiff and the 1st defendant without the hindrance of the 2nd defendant can be sought to be enforced.