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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.Thamilselvi, J
E.Boopalan – Appellant
Versus
Renu Ammal – Respondent
CMP NO. 7896 OF 2026|CRP No. 1722 of 2026
| Table of Content |
|---|
| 1. petition challenges trial court dismissal of impleadment in partition suit. (Para 1 , 2) |
| 2. sale deeds disclosed late; purchasers necessary parties. (Para 3) |
| 3. impleadment allowed as purchasers entered defendant's position post-written statement. (Para 4 , 5) |
ORDER
This Civil Revision Petition has been filed seeking to set aside the Fair and Decreetal order dated 20.02.2026 passed in IA No. 4 of 2026 in OS No. 155 of 2023 on the file of Subordinate judge Court, Katpadi, Vellore District.
2. The petitioners herein filed IA No. 4 of 2026 in OS No. 155 of 2023 on the file of Subordinate Judge Court, Katpadi, Vellore District under Order 1 Rule 10 CPC seeking to implead the respondents 56 to 63/proposed parties as defendants in the main suit. But the Trial Court dismissed the said application stating if they were added as parties, opportunity is to be given to them to file written statement, hence it would drag on the proceedings. Further he observed that proposed parties have purchased the property after 10 years of the subject suit filed and in lis pendence. Therefore, they need not be impleaded.
Challenging the same, the petitioner filed this Civil Revision Petition.
3. The learned counsel for the petitioners submits that in the written statement, the defendants have not mentioned about the alleged sale made by them. However, the plaintiffs came to know about the sale deeds only after filing of such documents by defendants. Therefore, the petitioners filed the petition to implead the purchasers as necessary parties to the proceedings, but the Trial Court dismissed the same. Hence, he prays to allow this revision petition.
4. Considering the fact that at the time of filing the written statement, the defendants have not disclosed about the sale but only thereafter at the time of evidence the defendants disclosed that they sold the property, so the necessity arose for the petitioners to implead the purchasers of the property. Though they purchased the property pending proceedings, since it is the suit for partition and already the first defendant filed written statement and thereafter sale taken place and the proposed defendants entered into shoes of the first defendant, their impleading is necessary and therefore the findings of the Trial Court is set aside.
5. Accordingly, this Civil Revision Petition is allowed. I.A.No.4 of 2026 is allowed. Plaint is to be amended accordingly. No costs.
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