Madras High Court
Dhamodharan vs Dhayanithi on 1 December, 2021
CRP.PD.No.929/2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 01.12.2021
CORAM
THE HON'BLE MR. JUSTICE S.S.SUNDAR
CRP.PD.No.929/2019 & CMP.No.6058/2019
Dhamodharan .. Petitioner
Versus
1.Dhayanithi
2.Geetha .. Respondents
Prayer:- Civil Revision Petition filed under Article 227 of the
Constitution of India against the fair and decreetal order dated
06.09.2018 passed in IA.No.4/2018 in AS.No.19/2015 on the file of the
learned Additional District Judge, [Fast Track Court], Villupuram,
seeking to set aside the same.
For Petitioner : Mr.S.Seenuvasan
For R1 : Mr.R.Rajarajan
For R2 : No appearance
https://www.mhc.tn.gov.in/judis
1
CRP.PD.No.929/2019
ORDER
(1) This Civil Revision Petition is directed against the order dated
06.09.2018 passed in IA.No.4/2018 in AS.No.19/2015 by the
learned Additional District Judge, Fast Track Court, Villupuram.
(2) The revision petitioner is the respondent in AS.No.19/2015. He,
as plaintiff, filed a suit in OS.No.59/2008 on the file of the Court
of Principal Sub Judge, Dindivanam, for declaration of title and for
permanent injunction.
(3) During the pendency of the suit, it is admitted that the 1st
respondent herein has purchased the property which is the subject
matter of the suit. On coming to know about the purchase in
favour of the 1st respondent herein, the revision petitioner, who is
the plaintiff in the suit, filed an Interlocutory Application in
IA.No.574/2009 under Order 1 Rule 10 CPC to implead the
purchaser, viz., the 1st respondent herein.
(4) It is to be noted that the said application was seriously contested
by the defendants in the suit as well as by the 1st respondent
herein. It is stated that they are aware of the legal implication of
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CRP.PD.No.929/2019
the transfer of property pending lis. It is admitted by the 1 st
respondent/purchaser that he is bound by the decree and that she
is not going to claim any equity in case the suit is decided against
her. Based on the contentions of the respondents, the said
Interlocutory Application filed by the revision petitioner/plaintiff
under Order 1 Rule 10 CPC was dismissed.
(5) The suit was decreed vide judgment and decree dated 23.03.2015.
Aggrieved by the said judgment and decree passed in
OS.No.59/2008, the 2nd respondent who is the defendant in the
suit, preferred an Appeal Suit in AS.No.19/2015 and pending
appeal, the 1st respondent filed an application in IA.No.4/2018
under Order 22 Rule 10 CPC to implead herself as a co-appellant
in the Appeal Suit. The said application was contested by the
revision petitioner/plaintiff by citing the earlier order passed by the
Trial Court in IA.No.574/2009, dismissing the application filed by
the revision petitioner/plaintiff himself to implead the 1st
respondent herein in the suit on the objections raised by the
purchaser/1st respondent herein.
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CRP.PD.No.929/2019
(6) The Court below, however allowed the application holding that the
purchaser/1st respondent herein is a person who is entitle to come
on record as a person on whom the interest in the litigation is
devolved. The First Appellate Court held that dismissal of the
earlier application will not operate as res judicata. This Court is
of the view that the order of the Trial Court in dismissing the
application filed by the revision petitioner/plaintiff to implead the
1st respondent herein is illegal and contrary to the well settled
principles. Even before the Trial Court, the 1st
respondent/purchaser ought to have been made as a party either
under Order 1 Rule 10 CPC or under Order 22 Rule 10 CPC.
(7) It is unfortunate to note that the 1st respondent/purchaser herself
raised an objection when the revision petitioner/plaintiff made an
attempt to get the 1st respondent/purchaser impleaded in the suit
itself. By raising an objection before the Trial Court in the petition
filed by the plaintiff/revision petitioner, the 1st
respondent/purchaser has caused inconvenience and
embarrassment to the revision petitioner/plaintiff who has now
filed the Civil Revision Petition. However, the law is settled that
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CRP.PD.No.929/2019
purchaser pending lis, is entitled to come on record under Order
22 Rule 10 CPC at any stage of the proceedings.
(8) Even though the application filed earlier at the instance of the
revision petitioner/plaintiff was dismissed, this Court cannot deal
with the subsequent application filed at the appellate stage on the
basis of an illegal order which was passed at the trial stage.
However, this Court while disposing of this Civil Revision Petition
is inclined to compensate the revision petitioner/plaintiff by
directing the 1st respondent/purchaser to pay a sum of Rs.10,000/-
as cost for her irresponsible, inconsistent and untenable stand
taken when the revision petitioner/plaintiff filed an Interlocutory
Application at the earliest stage.
(9) In the result, the Civil Revision Petition is dismissed confirming
the order dated 06.09.2018 passed in IA.No.4/2018 in
AS.No.19/2015 by the learned Additional District Judge, Fast
Track Court, Villupuram. However, the 1st respondent/purchaser
is directed to pay a sum of Rs.10,000/- [Rupees Ten Thousand
only] to the revision petitioner/plaintiff as cost for taking an
unreasonable stand taken by her earlier in IA.No.574/2009 and
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CRP.PD.No.929/2019
subsequently filing an application in IA.No.4/2018 at the belated
stage causing much inconvenience to the revision
petitioner/plaintiff. The cost shall be paid either to the counsel for
plaintiff or to the plaintiff within a period of eight weeks from the
date of receipt of a copy of this order.
(10) The Lower Appellate Court is directed to dispose of
AS.No.19/2015 within a period of three months from the date of
receipt of a copy of this order. No costs. Consequently, connected
miscellaneous petition is closed.
01.12.2021
AP
Internet : Yes
To
The Additional District Judge, Fast Track Court,
Villupuram.
https://www.mhc.tn.gov.in/judis
CRP.PD.No.929/2019
S.S.SUNDAR, J.,
AP
CRP.PD.No.929/2019
01.12.2021
https://www.mhc.tn.gov.in/judis
