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1966 Supreme(Mad) 220

K.S.VENKATARAMAN
Sengalani Gramani – Appellant
Versus
Subbayya Nadar – Respondent


Advocates:
R. Subrahmanyam, for Petitioner.

Order:-

This revision petition has been filed against the order of the learned District Munsif, Poonamallee, dismissing the application which the petitioner filed in the suit as defendant for impleading one Ranganatha Mehta as the 2nd defendant in the suit. The suit was brought by the plaintiff against this petitioner for declaration of his title to Schedule ‘A ‘and for recovery of possession of a portion thereof mentioned as Schedule B in the plaint. The basis of the application of the petitioner was that Ranganatha Mehta from whom the plaintiff had purchased the property had agreed to sell the Schedule A property to the defendant and that the plaintiff had notice of that agreement. The application was filed by the defendant under Order 8-A, Civil Procedure Code. The learned District Munsif in dismissing the application pointed out that there was no question of indemnity or contribution sought to be recovered from Ranganatha Mehta and therefore Order 8-A did not apply. In this petition Sri R. Subrahmanyam, learned Counsel for the petitioner, urges that though Order 8-A as such will not apply, Ranganatha Mehta could have been impleaded under Order 1, rule 10, Civil Procedure Code.

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