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1995 Supreme(Mad) 187

S.S.SUBRAMANI
Krishnan – Appellant
Versus
K. Dharmar and Others – Respondent


Appearing Advocates:S. Palanisamy, Viswanathan, Advocates.

Judgment :-

Petitioners are plaintiffs in O.S. No. 419 of 1989, on the file of the District Munsuf's Court, at Thirumangalam.

2. The reliefs sought in the plaint are as follows :-

"(a) declaring that the defendant has no right of any kind to run the rice mill in the suit property in view of the permit given to the plaintiff alone;

(b) for a permanant injunction to restrain the defendant, his men and agents, etc., from running the rice mill and hulling paddy to the prejudice of the plaintiffs;

(c) to direct the defendant to pay damages for the loss caused to the tune of Rs. 8,000/-."

3. There is only one defendant in the suit against whom the reliefs are sought.

4. The defendant filed I.A. No. 1232 of 1989 praying that respondents 2 to 4 herein be impleaded as additional defendants in the suit. The same was objected by the petitioner herein. Repelling the objection, the Court below allowed the application. This revision is filed challenging the said Order.

5. The main reason that is stated in the petition is that the defendant has filed another suit in respect of the same subject-matter against the petitioner and the respondents 2 to 4 as O.S. No. 420 of 1987 and, to enable him to have a














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