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Madras High CourtCRP/3673/2016dismissed

P. Aloysius Bruno Justus v. Rajamani

2019-08-07Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2019 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ and CMP.No.18663 of 2016 Mr.P.Aloysius Bruno Justus, Rep.by his Power of Attorney and Agent Mr.P.Alwin Aldo Kyasinthu S/o.S.Pious No.5/88, Gowrin Amman Street, Injambakkam, Chennai - 600 042.

... Petitioner Vs.

1.Rajamani 2.Gnanasironmani 3.Balaraman 4.M/s.Subam Shelters Private Limited, Rep.by its Directors, (i) Mr.R.Sakthivel (ii)Mr.G.D.Sukumaran ... Respondents Common Prayer: Civil Revision Petitions filed under Article 227 of Constitution of India against the fair and decreetal order dated 08.06.2019 in I.A.Nos.300 & 298 of 2014 in I.A.No.665 of 2013 in O.S.No.461 of 2012 on the file of the District Munsif Court, Alandur. 1/4

For Petitioner : Mr.S.William For Respondents RR 1 to 3 : No Appearance R4 : Mr.G.Vijaya Kumar ***** C O M M O N O R D E R The petitioner is the plaintiff. He filed a suit for injunction against the respondents 1 to 3. It appears that the suit property was sold by the respondents to the proposed party. The petitioner seeks to implead the subsequent purchaser as 4th defendant in the suit. The trial Court has dismissed the petition as pre-mature as there is no cause of action averred against the proposed party.

2. The learned counsel for the petitioner would submit that he has also filed a petition for amendment of plaint, whereby he seeks declaration of title and permanent injunction.

3. The petitioner is entitled to implead the 4th respondent only after appropriate amendments in the pleadings as to declaration of title and cause of action is raised against the proposed parties. As rightly held by the trial Court, the application is pre-mature and without any cause of action.

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4. Accordingly, these Civil Revision Petitions do not merit any consideration and hence, the same are dismissed. However, it is made clear that, it is open to the petitioner to approach the trial Court for the above relief after making suitable amendments to the plaint. No costs. Consequently, connected miscellaneous petition is closed. 07.08.2019 bri Index:Yes/No Speaking Order/Non Speaking Order To The Judge, District Munsif Court, Alandur.

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M. GOVINDARAJ, J.

bri and CMP.No.18663 of 2016 07.08.2019 4/4