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2008 Supreme(Mad) 4497

M.VENUGOPAL
K. Balakrishnan – Appellant
Versus
Veerasamy & Others – Respondent


Advocates Appeared:
For the Petitioner:S. Sunthar, Advocate.
For the Respondents:R1, A. Muthukumar, Advocate.

Judgment :

1. The Civil Revision Petitioner/ third party has filed this civil revision petition as against the order dated 28.07.2008 in I.A.No.115 of 2008 in O.S.No.345 of 2007 passed by the Principal District Judge, Myladuthurai, in dismissing the application filed by the revision petitioner/third party under Order 1 Rule 10 of Code of Civil Procedure.

2. The Trial Court while passing orders in I.A.No.115 of 2008 has inter alia opined that the revision petitioner/third party is not a necessary party and that he can seek relief by filing a separate suit for specific performance, resultantly has dismissed the application.

3. The learned counsel for the revision petitioner/third party urges before this Court that the order passed by the Trial Court in I.A.No.115 of 2008 is materially irregular and the same is not sustainable in law and that the Trial Court has not taken note of the fact that the revision petitioner/third party has entered into a registered agreement of sale with the second respondent herein on 17.03.2007 and therefore, the petitioner is an individual who is interested in the suit is not only a necessary but also a proper property to the case and this aspect of the




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