The order dismissing the application filed by the petitioner for impleading in a civil suit in O.S.No.162 of 2002 is under challenge in this Civil Revision Petition.
2. Heard the learned counsel for the petitioner.
3. The civil suit in O.S.No.162 of 2002 was instituted by the first respondent, who is no more, for a decree of declaration that his deceased sister, viz., Nagomi alias Nirmala was Spinster and for other consequential reliefs. The suit was instituted against the second respondent. In the said suit, the petitioner, who is a third party, filed an application for impleading on the ground that the first respondent introduced a false case to grab the property left by Nagomi alias Nirmala, Spinster. The application was dismissed by the Trial Court. The said order is under challenge in this Civil Revision Petition.
4. The petitioner has not produced any material much less acceptable material to show that he is a necessary and proper party for an effective disposal of the civil suit in O.S.No.162 of 2002. The only document produced by the petitioner appears to be the death certificate of Nagomi alias Nirmala, Spinster. The said document would not show that the petitioner has interest in the subject matter. I am, therefore, of the view that the learned Trial Judge was correct in dismissing the application. However, I make it clear that the dismissal of the application filed by the petitioner would not stand in his way of producing sufficient materials before the Trial Court to consider the matter afresh. It is always open to the Trial Court to consider such materials and in case it is made out that the petitioner is a proper party, appropriate orders should be passed and the earlier order, which is under challenge in this Civil Revision Petition, would not stand in the way of passing any such further orders.
5. The Civil Revision Petition is dismissed with the above observation. No costs. Consequently, the connected miscellaneous petition is closed.
To The First Additional District Munsif, Kuzhithurai.
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