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1968 Supreme(Ker) 156

V.R.KRISHNA IYER
Vishnu Namboothiri – Appellant
Versus
Sankara Pillai – Respondent


Judgment :-

1. If Only the plaintiff-revision petitioner had paid heed to the proverb that he who fights and runs away lives to fight for another day he would not have come up to this Court in this case.

2. The plaintiff has brought this suit for declaration of his title and recovery of possession and the in he has impleaded certain defendants some of whom have raised the contention that part of the suit property is in the possession of the 3rd defendant and one Sankara Pillai on the basis of a sale or an agreement to sell to them of specific extents of land. This Sankara Pillai came up to the Court with a petition to implead himself on the basis that he was in possession under some agreement and that the plaintiff was not entitled to eject him therefrom. The identical plea has already been put forward by the 2nd defendant and/or by the 3rd defendant and an issue has already been raised. The decision on that issue is sure to affect directly not merely the 3rd defendant but also Sankara Pillai, the petitioner, who sought to implead himself. Thus, he is a proper party under Order I R.10 (2) of the Civil Procedure Code because the questions involved in the suit cannot be satisfactorily






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