K.SUBRAMANYAM Vs. V.VIJAYA KUMARI

JUDGEMENT

(1.) Heard both counsels.

(2.) This revision-petition is filed by the unsuccessful third-party, who filed an application under Order I Rule 10 of the Code of Civil Procedure, 1908 (for brevity 'CPC') claiming that he purchased the property on 28/8/2014 from the defendant No.7 in the suit, which was filed for 'Partition'. The suit was filed in the year 2005.

(3.) The Trial Court 'Dismissed' the application vide I.A.No.119 of 2015 in O.S.No.8 of 2005 on 3/7/2015, observing that any alienation made during the pendency of the suit is hit by Sec. 52 of the Transfer of Property Act, 1882 and that the petitioner has no independent right in the suit property and further, his vendor is already on record and therefore, the petitioner is not a necessary party to the suit. 3. The point that arises for consideration is:-