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2018 Supreme(Mad) 3503

M.S.RAMESH
P. Gopal – Appellant
Versus
P. Muralikrishnan – Respondent


Advocates Appeared:
R. Siddharthfor, Adv., S. Gunalan, Adv.

JUDGMENT

M.S. Ramesh, J.

The present revision has been filed by the petitioner challenging the order passed by the learned Principal Sub-ordinate Judge, Coimbatore in I.A.No.918 of 2013 in O.S.No.248 of 2012 dated 21.01.2016.

2. Heard Mr.Siddharth, learned counsel for the petitioner and Mr.S.Gunalan, learned counsel appearing on behalf of the first respondent.

3. The learned counsel for the petitioner submitted that the petitioner, who is the plaintiff in the suit in O.S.No.248 of 2012 filed for the relief of specific performance wherein, the first respondent herein is a third party to the proceedings in the above suit. He submitted that the first respondent had filed an application in I.A.No.918 of 2013 under Order 1 Rule 1 of the Code of Civil Procedure to implead himself as a party in the above suit. According to the learned counsel for the petitioner, the first respondent had filed an earlier suit seeking for the relief of declaration and permanent injunction before the learned I Additional District Munsif, Coimbatore in O.S.No.1292 of 2007 and the petitioner/plaintiff in the present suit in O.S.No.248 of 2012 and the defendants were all parties in the earlier suit viz., O.S.No.129




















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