The Single Judge dismissed the civil revision petition concerning the impleadment of a third-party creditor, holding the application misconceived as the creditor had no interest in the suit and could participate if property were sold.
Civil Revision Petition dismissed; miscellaneous applications, if any, dismissed.
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HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
CIVIL REVISION PETITION No.5340 OF 2012
Dt:- 19.10.2012
Between:-
B.Gnana Prakash … Petitioner and
B.Hari Babu and others
… Respondents
This Court made the following:-
HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
CIVIL REVISION PETITION No.5340 OF 2012
ORDER: -
The application of the plaintiff to implead 3rd party creditor as a party to the suit was rightly dismissed by the trial court as thoroughly misconceived. The said 3rd party creditor has no direct or indirect interest so far as the present suit is concerned. If the petitioner apprehends that the said 3rd party creditor will sell away the only property of the defendant for realization of his debt petitioner would be put to prejudice, that cannot be accepted as a ground for impleading, as it is open for the petitioner to participate and purchase the said property, if and when put to sale. I see no reason to entertain the civil revision petition.
The Civil Revision Petition is dismissed. The miscellaneous applications, if any, stand dismissed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J
19.10.2012 lmv
HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
CIVIL REVISION PETITION No.5340 OF 2012
19.10.2012
lmv
1 issue framed by the court
Whether a third party creditor who has no direct or indirect interest in the suit can be impleaded as a party.
B. Gnana Prakash
B. Hari Babu
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
