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2016 Supreme(Mad) 3562

P.R.SHIVAKUMAR
Selvavinayagar Co-Operative Handloom Weavers Production and Sales Society Represented by its President N. B. Subramani – Appellant
Versus
P. A. Vinayagam – Respondent


Advocates Appeared:
For the Petitioner:Mr. S. Palaniswamy, Advocate
For the Respondent:Mr. R. Bharath Kumar, Advocate

ORDER :

P.R. Shivakumar, J.

Respondent No. 1 has entered appearance through counsel. The revision has been filed by a third party to the suit in O.S. No. 121 of 2011 on the file of I Additional District Judge, Tiruvallur, after suffering an order of dismissal of an application to get impleaded as a party defendant in the suit filed by the first respondent herein for specific performance against the second respondent herein.

2. The above said suit was filed for the relief of specific performance based on an agreement for sale dated 19.11.2009 allegedly executed by the second respondent herein in favour of the first respondent herein in respect of the suit property.

3. The revision petitioner is a Co-operative Society and it claims that the suit property belongs to it. Hence, the revision petitioner filed the above said application I.A. No. 6 of 2016 under Order I Rule 10(2) CPC to get itself impleaded as a party defendant in the said suit. The application was resisted by the first respondent herein/plaintiff contending that in a suit for specific performance, a stranger to the agreement cannot be impleaded at his or her instance on the premise that such third party is the real owner of


















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