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2010 Supreme(Mad) 5076

T.RAJA
M. K. M. Mohammed Nazar – Appellant
Versus
R. A. Venugopal (Died) – Respondent


Advocates Appeared:
For the Petitioners:C. Karthick, Advocate.
For the Respondents:S. Kumar, Advocate.

Judgment :

1. The present civil revision petition is directed against the order passed by the learned Additional District Munsif Court, Nanguneri in I.A. No. 615 of 2004 in O.S. No. 939 of 1996, dated 31.12.2004, whereby the prayer for impleading the defendants 4 and 5 in the said suit was allowed and that order is under challenge.

2. Mr. C. Karthick, learned counsel appearing for the petitioners has assailed the said order on the ground that the Trial Court erred in law in allowing the impleading petition, for the reason that when the trial of the suit was already completed, the impleading application came to be filed at the stage of argument, is only for the purpose of dragging the matter. But overlooking that tactics employed by the respondents, the trial Court wrongly allowed the impleading application at the belated stage, as a result grave prejudice caused to the petitioners/plaintiffs herein.

3. It was also contended that there was no cause of action as against the respondents for filing the application for implement, if at all they are aggrieved they should have laid independent and separate suit. Without going for filing a separate suit, the impleading application, that too









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