JUDGMENT

The dismissal of an application seeking permission to implead additional third defendant in the suit, is under challenge by the petitioner/plaintiff.

2. The suit is one for declaration of title and for recovery of possession. The second defendant filed a written statement contending that the title over the property in question vests with his wife. He also filed an additional written statement specifically raising a plea of non-joinder of necessary parties on the said ground. However, no issue to the said effect was raised in the suit. As per decree and judgment dated 21.12.2001 the suit was decreed. The second defendant preferred A.S No.71 of 2002 before the District Court, Muvattupuzha. The appellate court found that the property is not identified. The decree and judgment of the trial court was set aside and the matter was remanded for fresh disposal on giving opportunity to the plaintiff to take out a commission to identify and demarcate the plaint schedule property.

3. Subsequent to the order of remand, on 08.04.2008, the plaintiff/petitioner filed I.A No.3291 of 2008 seeking to implead the wife of the second defendant as additional third defendant in the suit. The said ap