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2002 Supreme(Mad) 116

M.CHOCKALINGAM
S. Sathyamoorthy and another – Appellant
Versus
Poojari alias Kaveri and others – Respondent


Advocates:
P.Valliappan, for M/s.Sarvabhuman Associates and V.R.Anna Gandhi, for Petitioners.
R.Subramaniam, for Respondent No.1.

ORDER: Here is an order of the learned District Munsif Dharmapuri, allowing an application for impleadment of the revision petitioners as defendants 5 and 6 in a pending suit on its file.

2. It was a suit filed by the respondent for declaration of his promissory title and consequential injunction. As could be well seen from the averment in the plaint that the suit was originally filed against the defendants 1 to 3 with a specific cause of action stating that the defendant 1 to 3 were attempting to interfere in the lawful possession of the plaintiff in the suit property in or about January 1, 1998 and thereafter. From the very averment in the application to add the proposed parties, it has been clearly averred that they have purchased the property pending the proceedings, and hence, they have got to be added as necessary parties to the suit. The said application was contested by the revision petitioners/ proposed parties stating that the properties originally belonged to the first defendant, who sold the same to one Arumugam even before the filing of the suit and pending the suit, the property was conveyed by Arumugam to the proposed defendants, who are the revision petitioners herei




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