High Court dismissed a civil revision petition challenging the trial court's order refusing impleadment as plaintiff in a partition suit. The petitioner, son of the plaintiff, sought to rejoin the suit after buying his father's share via specific performance; the court upheld the trial court finding of impropriety.
No costs. Connected CMP closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17..12..2019 CORAM
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
Civil Revision Petition No.4130 of 2019
and C.M.P.No.26900 of 2019
1.Manickam
2.Porappan ... Petitioners/Plaintiffs
-Versus-
1.Porappa Goundar 2.A.P.Pachamuthu
3.P.Palanisamy
4.Kuppusamy ... Respondents/Defendants
Prayer: Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order dated 28.08.2019 made in I.A.No.895 of 2018 in O.S.No.294 of 2013 by the District Munsif, Sankari, Salem District.
For Petitioner : Mr.T.Saikrishnan
ORDER
This civil revision petition is directed against the order of the learned District Munsif, Sankari, Salem District, dated 28.08.2019 passed dismissing the application filed by the petitioner in I.A.No.895 of 2018 in O.S.No.284 of 2013 under Order I, Rule 10 of CPC, seeking to permit him to conduct the suit against the plaintiff.
become the absolute owner of a portion of the property in dispute by virtue of the sale deed executed pursuant to the decree in the specific performance suit. Based on such sale deed, the 1st petitioner filed the application under revision, seeking to implead himself as the plaintiff. The trial court on considering the available materials, dismissed the application. It is this order which is now under challenge in this revision petition.
In the result, this Civil Revision Petition is dismissed and the order of the court below is confirmed. No costs. Consequently, connected CMP is closed.
Sd/Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
To
The District Munsif, Sankari, Salem District.
+1cc to Mr.T.Saikrishnan, Advocate Sr.105588
Civil Revision Petition No.4130 of 2019
mr[co] srg 15/07/2020
2 issues framed by the court
Whether the learned trial court was justified in dismissing the application for impleadment of the petitioner as a plaintiff in the partition suit filed by his father.
Whether there was any illegality or irregularity in the trial court's order doubting the bona fides of the petitioner regarding the specific performance decree.
1. Manickam
2. Porappan
1. Porappa Goundar
2. A.P. Pachamuthu
3. P. Palanisamy
4. Kuppusamy
V. Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
