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1964 Supreme(Online)(Ker) 13

KERALA HIGH COURT
T. K. Joseph, J.
Augustine v. Chundampatta Asari Sanku And Others


Advocates:
For the Appellants/Petitioners: None specified
For the Respondents: None specified

1 This civil revision petition arises from an order dismissing the petitioner's application (I. A. No. 260 of 1963) to implead him as additional plaintiff in the case.

2 The suit was filed by the original plaintiff for a declaration of title to the property described in the plaint schedule, for a further declaration that the decree obtained by defendants 1 and 2 against the third defendant for recovery of possession of the property was not binding on the plaintiff or the property and for other reliefs. According to the plaintiff the property had been obtained by one Velu Nair on lease from his predecessor and the leasehold interest was vested on the third defendant on the date of suit. Defendants 1 and 2 are alleged to have obtained a collusive decree against the third defendant for recovery of possession of the property. During the pendency of the suit the plaintiff filed I. A. No. 254 of 1963 for withdrawing the suit. Before it was ordered, the petitioner filed I. A. No. 260 of 1963 stating that he was the real owner of the property and that the original plaintiff was his benamidar and praying that he be added as additional plaintiff. The Court below allowed I. A. No. 254 and dism


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