This civil revision petition is directed against the order dated 19 April 2013 in I.A.No.38 of 2013 in O.S.No.376 of 2004 allowing the application filed by the first respondent to implead the second respondent as the second plaintiff in the suit.
2.Heard the learned counsel for the petitioner.
3.The suit in O.S.No.376 of 2004 was initially filed by the first respondent. During the currency of the said suit, the first respondent settled the suit property in favour of the second respondent. It was only under such circumstances, the first respondent filed I.A.No.38 of 2013 to implead the second respondent as a party to the civil suit.
4.The grievance of the petitioner appears to be that application was not filed by the second respondent. According to the petitioner, the application was filed only by the first respondent.
5.There is no rule that only the beneficiary of the settlement deed alone should file the impleading petition in a pending suit. The first respondent, being the settlor impleaded the second respondent - settlee as a party to the civil suit. No prejudice would be caused to the petitioner by impleading the settlee as a party to the civil suit.
6. The Civil Revision Petition is dismissed as devoid of merits. No costs. Consequently, connected miscellaneous petition is closed.
07.04.2017 kj Index:Yes/No To I Additional Subordinate Judge, Erode.
K.K.SASIDHARAN,J.
kj C.R.P.(P.D.) No.2596 of 2013 and M.P.No.1 of 2013 07.04.2017 http://www.judis.nic.in