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Mr.A.Kalaiselvan vs Mrs.Chitra

Madras High Court|04 January, 2017

JUDGMENT / ORDER

The Civil Revision Petition is filed against the order allowing the application filed for impleading the second respondent therein (second revision petitioner) as a party to the suit and rank him as second defendant.
2. The suit has been filed by the plaintiff for declaration and injunction. In the counter affidavit filed by the revision petitioner before the Court below, it is stated that the second respondent therein (second petitioner herein) is the owner of the suit property, and therefore, the plaintiff has taken up the application for impleading the second respondent as a party-defendant to the suit. Having raised an objection in the counter affidavit that only the proposed party is the owner of the suit property, the impleading application was opposed by the plaintiff. However, the application was allowed by the Court below. Even though the first revision petitioner/first defendant is the Power Agent of the second revision petitioner herein, the relief sought for is only against the original owner. According to the first defendant, the proposed party is the original owner, and therefore, he has to be necessarily impleaded as a party to the suit, which has rightly been ordered by the trial Court. The revision petitioner cannot be aggrieved by the said order.
3. Hence, the revision petition is dismissed. The trial Court is directed to dispose of the suit as expeditiously as possible. No costs. Consequently, C.M.P. is closed.
04.01.2017 cs Copy to The Sub-Judge, Poonamallee, Chennai-600 56 PUSHPA SATHYANARAYANA, J cs C.R.P.(PD).No.4066 of 2016 04.01.2017 http://www.judis.nic.in
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Title

Mr.A.Kalaiselvan vs Mrs.Chitra

Court

Madras High Court

JudgmentDate
04 January, 2017