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HIGH COURT OF MADRAS
Ms. Justice P.T. Asha, J
M/s.The Government Tele – Communication Employee's Cooperative Society Limited – Appellant
Versus
R.Venkatesan – Respondent
| Table of Content |
|---|
| 1. challenges to maintainability based on non-joinder of parties. (Para 1 , 2 , 3) |
| 2. subsequent purchasers cannot claim better rights once legal proceedings commence. (Para 4 , 5 , 6) |
| 3. court dismisses the application for non-joinder at late stage. (Para 7 , 8) |
O R D E R
Challenging the dismissal of their application filed under Order XIV Rule 5 of the CPC to frame an issue on the maintainability of the suit on the ground of non joinder of necessary parties, the 10th defendant is before this Court.
2. The suit has been filed by the 1st respondent for a permanent injunction and mandatory injunction. The petitioner has been impleaded subsequently in the suit in the year 2013. The suit property was purchased for a valid consideration by the 10th defendant who has been in possession and enjoyment of the same and the revenue records mutated in their name. The petitioner was set ex parte on 25.06.2013 and the application to set aside the ex parte was also dismissed. Against which CRP.No.1585 of 2017 was filed and allowed. Thereafter, the 10th defendant / petitioner had filed the written statement which was thereafter taken on file.
3. Issues were framed on 08.11.2013 and evid
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