ORDER : This revision petition is against the order of the learned Subordinate Judge, Madurai, dismissing the application which the petitioner herein filed for impleading himself as a supplemental defendant in a partition suit, O. S. 51 of 1963. Respondents 1 and 2 here are plaintiffs in the said suit while the third respondent M.K. Subramania Iyer, is the first defendant against whom partition was claimed. The petitioner' s case in support of his application was that the first defendant M.K. Subramania Iyer, had entered into a written agreement of sale dated 6-9-1962 with the petitioner, agreeing to convey a house in Madurai town (one of the items involved in the suit for partition) for a sum of Rs. 29,000 and in pursuance of the agreement a sum of Rupees 9,000 had been paid by the petitioner to Sundararama Aiyer aforesaid who had agreed to convey the property and execute the registered deed of sale within three months from the date of the agreement of sale. The petitioner' s case was that the agreement of sale was entered into by Sundararama Aiyar aforesaid making the express representation, both oral and under the express terms of the agreement of sale, that the property agreed

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