judgment

S.B. Sinha, J. —

1.Leave granted.

2.A question of some importance as to whether a third party can be impleaded in a suit filed under Order I Rule 8 of the Code of Civil Procedure is involved in this appeal which arises out of the judgment and order dated 30th June, 2005 passed by a Learned Single Judge of the Kerala High Court in CRP No. 272 of 2004 dismissing the revision application filed by the appellant herein challenging the order dated 17.10.2003 passed by Additional sub Court, Kottayam.

3.The basic fact of the matter is not in dispute.

4.Appellant herein filed Original Suit No. 364 of 1997 in the Court of Additional Sub Court, Kottayam, for declaration of his title and for possession of the suit property. A prayer therein was made for restraining the defendants who were three in number (Respondent Nos. 3 to 5 herein) from interfering with his right to enjoy the property by entering upon it or using it as a pathway as if it was a public pathway. A purported publication was also made in a newspaper purported to be in terms of Order I Rule 10 of the Code of Civil Procedure.

5.Respondent Nos. 3 to 5 herein did not appear in the suit as a result whereof, an ex-parte decree w