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2012 Supreme(Mad) 710

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. JYOTHIMANI & THE HONOURABLE MRS. JUSTICE S. VIMALA
Good Shepherd Evangelical Mission Private Limited, Formerly known as "The Siloam Evangelical Mission Private Limited", rep. by its Chairman
Versus
Meenakshi Achi & Others
O.S.A.Nos.186 of 2011 to 188 of 2011
Decided On : 09-02-2012

Advocates Appeared:
For the Appellant:P.S. Raman, Senior Advocate for M/s. V. Ramakrishnan, Advocate.
For the Respondents:R1, K. Ravi for M/s. Rugan & Arya, R4, S. Raghavan, R7, M/s. M. Sriram, Ramesh Venkatachalapathy, R27, Rahul Balaji for M/s. Satish Parasaran, R62, Ms. P. Rajarajeswari, Advocates.

Headnote:A. CIVIL PROCEDURE CODE, 1908 - ORDER 23, RULE 1-A - Transposition of parties - Held, a person who seeks to transpose himself as a plaintiff must prove that he has substantial question to be decided and must have identity of interest along with the plaintiff, etc - Inasmuch as the appellant cannot be categorized as a bona fide purchaser, appellant cannot claim as a matter of right to be transposed himself as the third plaintiff in the Civil Suit in High Court - Power of Court in ordering transposing of parties is not merely discretionary, but there should be bona fide on the part of the party seeking such transposition - 1990 (1) LW 209, relied on.

       B. TRANSFER OF PROPERTY ACT, 1882 - SECTION 52 - See Civil Procedure Code, 1908 - Order 23, Rule 23.

       Result : Appeals dismissed.

Judgment :-

P. JYOTHIMANI, J.

1. These appeals arise from a common order dated 29.4.2011 passed by a learned Single Judge in Application Nos.2357 and 5193 of 2010 in C.S.No.83 of 1965 and Application No.5301 of 2010 in C.S.No.686 of 2000. While appellant filed Application Nos.2357 and 5193 of 2010 in C.S.No.83 of 1965 for impleading itself, namely Good Shepherd Evangelical Mission Private Limited, formerly known as "The Siloam Evangelical Mission Private Limited", as the 64th defendant in the suit stated above and to implead or substitute the appellant either in the place of Andiappan (7th defendant) or VR.M.Meenakshi Sundaram Chettiar (25th defendant) or M.Veerappan (26th defendant) respectively, Application No.5301 of 2010 in C.S.No.686 of 2000 has been filed by the appellant, which was arrayed as 10th defendant in the said suit, to transpose it as the third plaintiff in C.S.No.686 of 2000. All the applications came to be dismissed by the learned Single Judge, against which the present appeals are filed.

2.1. Originally, the land property called Edamallapatti land in Pratiyur, Trichy comprising of 77.39 Acres belonged to one Late T.S.PL.P.Chidambaram Chettiar, who is stated to have sold a portion of the said property in the year 1960 to one Andiappan (7th defendant in C.S.No.83 of 1965) under a registered sale deed. The said T.S.PL.P.Chidambaram Chettiar died on 18.8.1964, leaving behind him his widow – CT.Sivagami Achi (4th defendant in C.S.No.83 of 1965), who also died subsequently on 26.11.1988, apart from three sons, namely PL.CT.Subramaniam Chettiar, PL.CT.Palaniappa Chettiar and PL.CT.Senthilnathan Chettiar, arrayed as defendants 1 to 3 in C.S.No.83 of 1965, and three daughters, namely Umayal Achi, L.Velliammai Achi arrayed as defendants 5 and 6 in C.S.No.83 of 1965, and K.R.Meenakshi Achi, who filed C.S.No.83 of 1965 for partition.

2.2. The first son of late T.S.PL.P.Chidambaram Chettiar, namely the 1st defendant, also died leaving behind him his two wives, namely Dhoniprathambal Achi (48th defendant) and Umayal Achi (49th defendant), who also subsequently died, and their sons and daughters have been impleaded as defendants 50 to 62 in C.S.No.83 of 1965.

2.3. Likewise, Umayal Achi (5th defendant), one of the daughter of late T.S.PL.P.Chidambaram Chettiar, also died, who was succeeded by her husband VR.M.Meenakshi Sundaram Chettiar (25th defendant), who also subsequently died and thereafter his son – M.Veerappan has been impleaded as 26th defendant in C.S.No.83 of 1965.

2.4. Some of the left out properties while filing the suit in C.S.No.83 of 1965 were subsequently added by an application filed by the plaintiff and third parties, including Andiappan (7th defendant), were impleaded by order dated 24.11.1967.

2.5. A preliminary decree by consent of the parties was passed on 22.11.1968 declaring that the plaintiff and each one of defendants 1 to 6 are entitled to 1/7th share in the estate of late T.S.PL.P.Chidambaram Chettiar. However, it appears that there was no decision regarding the item of properties stated to have been purchased by the said Andiappan (7th defendant).

2.6. It appears that Andiappan (7th defendant) has sold away various portions of the properties under registered sale deeds to and in favour of VR.M.Meenakshi Sundaram (husband of the 5th defendant), Sivagami Achi (daughter of the 6th defendant), Muthulakshmi Achi (wife of the 3rd defendant) and one Rangasamy Gounder, who was not related to the sharers. The plaintiff in the suit C.S.No.83 of 1965 filed Application No.3220 of 1975 to implead the said purchasers and the said application for impleadment came to be dismissed by this Court on 12.3.1976 on the ground that they are pendentelite purchasers and, therefore, the doctrine of lispendens would apply. The order is as follows:

"Admittedly the property in relation to which injunction is sought does not form part of the preliminary decree in C.S.No.83 of 1965. Nevertheless, that the applicant contends























































































































































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