A PETER SON ISRAEL Vs. V JAYAPRADA

JUDGEMENT

(1.) The revision petitioner, who is a third party to O.S.No. 14 of 1983, filed I.A.No. 343 of 2002 under Rule 10 of Order 1 CPC to implead him as one of the defendants in the suit and the same was dismissed by the learned Senior Civil Judgeby the order under revision.

(2.) The contention of the learned counsel for the revision petitioner is that since the revision petitioner is claiming 1/9th share in the suit property as one of the heirs of his grand-mother, who is the original owner of the suit property, revision petitioner, in order to protect his interest, is a proper if not a necessary party to the suit and the trial court on an untenable ground that revision petitioner failed to disclose, in his affidavit filed in support of the application, about the existence of the structures in the suit property, dismissed the petition. It is his contention that existence or non existence of a building in the suit property is wholly irrelevant to decide if the revision petitioner is a necessary or property party to the suit and so the order under revision may be set aside and revision petitioner may be ordered to be impleaded as a party to the suit more so because respondents would not be put to any inconvenience if the revision petitioner is allowed to come on record as a defendant.

(3.) The suit initially was filed by Abdul Omar, who was later transposed as 25th defendant, seeking declaration of his title to the suit property which is a site with a structure containing none portions as shown in the plan filed along with the plaint, and for a consequential injunction restraining the defendants from interfering with his possession of the suit property. Subsequently, 21st defendant was transposed as 2nd plaintiff and 17th defendant was transposed as 3rd plaintiff. The order under revision shows that compromise entered into between plaintiffs 2 and 3 and defendants 2,3,5 to 8, 22,24,27 and 28 was recorded and the dispute now is only between plaintiffs 2 and 3 and defendant No. 25 i.e., the original plaintiff, and that evidence on both sides was closed and the suit is being posted for arguments and at the stage revision petitioner filed this petition to implead him as a party to the suit.