INTRODUCTORY:

1. Whether Interlocutory Application for impleading under Order 1 Rule 10 of the Code of Civil Procedure, at the instance of a third party to the preliminary decree, is maintainable during the final decree proceedings, is the core issue that arises for consideration in this Civil Revision Petition.

BRIEF FACTS:

2. The petitioner was not a party to the civil suit in O.S.No.3 of 2005. The learned District Munsif, Aruppukkottai, passed a preliminary decree for partition at the instance of the first respondent. Thereafter, the first respondent initiated proceedings in I.A.No.869 of 2005 for passing a final decree in terms of the preliminary decree. The Advocate Commissioner appointed by the Trial Court inspected the property for partition by metes and bounds. It was only at that point of time the petitioner came to know that a preliminary decree was passed for partition which includes the property in his possession. The petitioner, therefore, filed an application in I.A.No.696 of 2008 for impleading him as a party to the final decree petition. The application was dismissed by the Trial Court primarily on the ground that final decree proceedings is not the appropriate