Madras High Court
Thavamani vs Sameen Banu on 1 November, 2021
C.R.P.(MD) No.1585 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
C.R.P.(MD) No.1585 of 2021
and
C.M.P.(MD) No.8659 of 2021
Thavamani ... Petitioner /Petitioner/ Proposed party
Vs.
1.Sameen Banu
2.Sirajjudin Ahmed
3.Basheer Ahmed ...Respondents 1 to 3 /Respondents 1 to 3 /
Plaintiffs
4.Rajangam
5.Geetharamani
6.Venkatraman
7.Eswaran ... Respondents 4 to 7 / Respondents 4 to 7/
Defendants
PRAYER: Civil Revision Petition is filed under Article 227 of
Constitution of India, to allow the Civil Revision Petition and set aside
1/8
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C.R.P.(MD) No.1585 of 2021
the fair and decreetal order dated 19.08.2021 made in I.A.No.4 of 2021
in O.S.No.309 of 2010 on the file of the Principal Subordinate Court,
Dindigul.
For Petitioner : Mr.H.Arumugam
for N.Vignesh
ORDER
The Civil Revision Petition has been filed against the
dismissal order dated 19.08.2021 passed in I.A.No.4 of 2021 in O.S.
No.309 of 2010 on the file of the Principal Subordinate Court, Dindigul,
filed under Order 1 Rule 10(2) of the Code of Civil Procedure to implead
the petitioner as one the defendant in the suit.
2.The case of the petitioner is that during the pendency of
the suit, the fifth respondent / second defendant had suppressing the
pending suit and had falsely represented that she alone is entitled to the
suit property and entered into a sale agreement on 24.08.2016 by
receiving an advance of Rs.5,00,000/- (Rupees Five Lakh only) and
agreed to execute a sale deed in favour of the petitioner within one year.
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C.R.P.(MD) No.1585 of 2021
When the fifth respondent / second defendant failed to execute the sale
deed, the petitioner enquired and came to know about the pendency of
the suit and hence, she filed a petition to implead her as a necessary party
to the suit.
3.The respondents 1 to 3 / Plaintiffs had filed a counter
contending that the suit is in the fag end of the trial and the arguments of
the plaintiffs were adduced and at that stage, the petition was filed with a
view to delay the pronouncement of judgment. The respondents 1 to 3 /
plaintiffs had further contended that the petition had been filed by the
petitioner at the instigation of the power of attorney holder of the fifth
respondent / second defendant and that the agreement had been entered
during the pendency of the suit and that the petitioner is not a necessary
party to the suit.
4.The fifth respondent / second defendant had filed a counter
stating that the suit items 2 and 3 are purchased by the fifth respondent /
second defendant for a sale consideration on 07.02.2002 under a sale
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C.R.P.(MD) No.1585 of 2021
deed registered as document No.190/2002. SRO, Dindigul and after
purchase, she had executed a General Power of Attorney in favour of the
present power agent by virtue of document No.2649/2014, at the Office
of the Joint Registrar-I, Dindigul and on the strength of the Power of
Attorney Deed, the Power Agent had entered into a sale agreement with
the petitioner on 24.08.2016.
5.The trial Court after hearing both the parties held that the
rights of the petitioner is subservient to the rights of the second
defendant in the suit and is subject to any adjudication that has been
made in the suit and dismissed the petition holding that the petitioner is
not a necessary party to the proper adjudication of the suit. Against
which, the present Civil Revision Petition has been filed.
6.Mr.H.Arumugam, learned counsel representing
Mr.N.Vignesh, learned counsel for the petitioner would submit that the
petitioner had entered into a sale agreement with the fifth
respondent /second defendant on 24.08.2016 and an advance amount of
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C.R.P.(MD) No.1585 of 2021
Rs.5,00,000/- (Rupees Five Lakh only) was paid and the fifth
respondent /second defendant had agreed to execute a sale deed in favour
of the petitioner within one year. Since the fifth respondent /second
defendant did not come forward to execute a sale deed, on enquiry, the
petitioner found that the suit was pending and thereby, the petitioner had
filed a petition seeking to implead her as a necessary party in order to
protect her interest. He would further submit that if the petitioner is not
permitted to be impleaded, it would cause prejudice and irreparable loss
to the petitioner.
7.Heard the learned counsel for the petitioner and perused
the materials available on record.
8.The suit had been filed by the respondents 1 to 3/plaintiffs
on 29.09.2009, for declaration and injunction. While the suit was
pending, the fifth respondent/ second defendant is stated to have been
entered into an agreement on 24.08.2016 and received an advance
amount of Rs.5,00,000/- (Rupees Five Lakh only) from the petitioner.
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C.R.P.(MD) No.1585 of 2021
The petitioner had entered into an agreement, during the pendency of the
suit. As rightly held by the learned trial Judge, the rights of the petitioner
is subservient to the rights of the fifth respondent /second defendant in
the suit and subject to any adjudication and decision to be made in the
suit.
9.In view of the same, this Court does not find any infirmity
or error in the order passed by the trial Court holding that the rights of
the petitioner is subservient to the rights of the fifth respondent /second
defendant.
10.In the result, the Civil Revision Petition stands dismissed.
No costs. Consequently, connected miscellaneous petition is closed.
01.11.2021
Internet : Yes / No
Index : Yes / No
rm
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C.R.P.(MD) No.1585 of 2021
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
To
The Principal Subordinate Court,
Dindigul.
https://www.mhc.tn.gov.in/judis/
C.R.P.(MD) No.1585 of 2021
A.D.JAGADISH CHANDIRA, J.
rm
C.R.P.(MD) No.1585 of 2021
01.11.2021
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