S.Sankarapandian v. Selvathurai Paramananthan And 3 Others

A.No.297 of 2022 in CS.No.544 of 2017 A.A.NAKKIRAN,J.

This application has been filed to implead the applicant/proposed 3rd defendant as a party defendant in the above suit.

2. Heard both sides.

3. The learned counsel for the applicant has submitted that the applicant is a bonafide purchaser and he is a necessary party. He further submitted that has direct interest in the property and the outcome of the Suit will have a direct bearing on him. He further submitted that since the property has already been sold to him, he is in absolute enjoyment, possession and ownership of the same. Hence, he has to be impleaded as a party in the suit for proper adjudication.

4. The learned counsel for the respondents has submitted that as per Order 1 Rule 10 (2), this petition is not maintainable. Hence, he strongly opposed to allow this application.

1/2 https://www.mhc.tn.gov.in/judis

A.A.NAKKIRAN,J.

Gv

5. Considering the facts and circumstances of the case and in the interest of justice, and that no prejudice, loss or hardship would be caused to the respondents in impleading the applicant as a party, this application is allowed.

6. Post the main case before this court on 18.07.2022 to carry out the amendment.

30.06.2022 Gv A.No.297 of 2022 in CS.No.544 of 2017 2/2 https://www.mhc.tn.gov.in/judis