The suit for redemption of mortgage. The plaintiff has shown the suit property lying in Survey No.81/3 at Tiruppalai Village along with the residential house and plot No.24. Accordingly, final decree was also passed and this revision petitioner has purchased the said property. In the meanwhile, the first defendant Vellaithai, has taken out an application to amend the schedule of the suit property by substituting the Survey No.81/3, Plot No.23 as Survey No.81/36 Plot No.36 and re-deliver the property which was wrongly delivered under Survey No.81/3 plot No.23.
2. In the mean while, the revision petitioner who purchased Survey No.81/3 has filed an application to get himself impleaded in the execution proceedings to put-forth his case regarding the purchase of the property, pursuant to the unamended final decree passed in the mortgage suit. While the Execution Court has allowed the amendment petition in E.A.No.23 of 2005 in E.A.No. 55 of 2003 in E.P.No.2 of 2000 has dismissed the implead petition of the revision petitioner as infructuous. The reason stated by the Court below for dismissing the implead petition is that since the amendment petition filed by Vellaithai is allowed, the petition to implead does not arise. Factually and legally, the above reason is incorrect, since the amendment petition is allowed, all the more reason to implead the petitioner in the execution petition and find out whether he has purchased the same property which is subject matter of the suit or some other property. Having allowed the amendment petition, pertaining to the suit property the right of the revision petitioner who purchased the property based on the unamended decree is likely to be affected. Hence he is the necessary party to the proceedings and his application to implead cannot be thrown away as infructuous.
3. Since trial Court has allowed of the amendment petition, these revision petitions are ought to be allowed. Fair and decreetal order was passed in E.A.No.27 of 2005 is set-aside. The Execution Court is directed to take the E.A.No.27 of 2005 on the file and proceed further in accordance with law. No costs. Consequently, connected C.M.P.(MD)No.323 of 2006 is closed.
To The District Munsif, Melur..