A person would not become a necessary party, merely because he has evidence relevant to the case.

(Revision is preferred against the orders in I.A.No.426 of 2003 in A.S.No.17 of 2001 dated 31.8.2004 on the file of the learned Additional District Judge, Fast Track Court-II, Kancheepuram.)

Though the miscellaneous petitions were posted for hearing, the main revision petition itself was taken up by consent of both parties, in view of the limited scope of the dispute involved in the C.R.P.

2. The civil revision petition arises out of an order passed on 31-8-2004 in I.A.No.426 of 2003 in A.S.No.17 of 2001 on the file of the Additional District Court (Fast Track Court II) Kancheepuram, allowing a petition filed under Order I, Rule 10(2), C.P.C., for impleading the respondents 5 to 23 as respondents in the first appeal.

3. The petitioner herein namely S.Krishnan, originally filed a suit in O.S.No.341 of 1998 on the file of the Principal District Munsif Court, Kancheepuram for a permanent injunction restraining the 1st respondent herein from interfering with his possession of the suit property.

4. After the institution of the above suit, the 1st respondent herein, namely Rathinavel Naicker filed 3 suits in O.S.No.799 of 1998, O.S.No.819 of 1998 and O.S.No.573 of 1999 on the file of the same Court. In O.S.No.799 of 1998, the prayer of the 1st respondent was for a permanent injunction restraining the petitioner herein and the police authorities from forcing him to hand over possession of the suit property. The prayer in O.S.No.819 of 1998 was for a declaration that he is the absolute owner of the suit schedule property and for a consequential permanent injunction restraining the petitioner and the police authorities from interfering with his possession and enjoyment of the suit property. The prayer in O.S.No.573 of 1999 was for a permanent injunction restraining the petitioner herein and the revenue authorities from transferring the patta in favour of the petitioner.

5. The case of the 1st respondent herein in the suit was that he purchased a part of the suit property in the year 1957 and purchased the remaining part of the suit property in the year 1958 from the original owner by name Krishnamachary by virtue of oral sales and that since the consideration paid on each occasion did not exceed Rs.100/- the sale was not reduced into writing and registered. The case of the petitioner herein in his own suit and in the other suits was that he purchased the suit property from the 2nd respondent herein by virtue of a registered sale deed dated 25-5-1998.

6. By a common judgment dated 22.12.2000, the trial court decreed the suit filed by the petitioner herein and dismissed all the 3 suits filed by the 1st respondent herein. As against the dismissal of his suit O.S.No.819 of 1998, the 1st respondent filed A.S.No.17 of 2001 on the file of the Additional District Court (Fast Track Court II) Kancheepuram.

7. At the time when the appeal was ripe for hearing, the 1st respondent herein filed I.A.No.426 of 2003 for impleading the respondents 5 to 23 as party respondents in the main appeal, on the ground (i) that the original owner of the suit schedule property Mr. Krishnamachary (from whom he claims to have purchased the property under oral sales) left behind 3 sons; (ii) that the 2nd respondent (from whom the petitioner claims to have purchased the property under a registered sale deed) is the wife of one of the sons of Krishnamachary (iii) that the proposed parties 5 to 23 are the legal heirs of the other 2 sons of Krishnamachary and (iv) that their presence is necessary for effective adjudication of the dispute between the parties.

8. The appellate court allowed the application for impleading on the ground that their presence is necessary for deciding the actual dispute between the parties. Hence the present revision.

9. Mr. R. Subramanian, learned Senior Counsel appearing for the petitioner contended-

a) the respondents 5 to 23 are neither necessary nor proper parties;

b) that except a bald averment that their presence is necessary for effec