Professional Documents
Culture Documents
M Murugan Vs Arukkaniammal
M Murugan Vs Arukkaniammal
1405 of 2021
DATED: 23.07.2021
CORAM:
CRP(PD)No.1405 of 2021
and
CMP.No.10926 of 2021
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of
India praying to set aside the Fair and Final Order dated 03.01.2020 in
unnumbered I.A. of 2019 (CFR.2353 of 2019) in O.S.No.356 of 2019 on the
file of the II Additional District Court, Erode and allow the Civil Revision
Petition by directing the trial Court to number the I.A and decide the issue in
accordance with law after affording opportunity to all the parties.
1/8
CRP(PD)No.1405 of 2021
ORDER
2.The said application was filed under Order I Rule 10 (2) of the Code of
said suit.
petitioner.
4.The learned counsel had given a series of dates with respect to the
stated that the suit was presented on 21.08.2019 and was returned for certain
I.A.Nos.475 - 477 of 2019 came to be filed under Order 32 Rule 7 of the Code
of Civil Procedure seeking to appoint guardians for the minors who were
http://www.judis.nic.in
2/8
CRP(PD)No.1405 of 2021
5.The suit had been instituted for partition and separate possession with
revision petitioner has a subsisting interest owing to the fact that part of the suit
property had been settled by his mother in his name. Incidentally, it has been
pointed out that both the plaintiff and the defendants in the suit traced title in
the property mentioned in the Schedule to the plaint through their grand father
property in favour of the plaintiff. Naturally, in any suit touching upon such
revision petitioner herein. They had instituted the suit and which suit, to
continue the narration further it was referred on 21.11.2019 before the Lok
8.It is not clear whether the suit summons have been effected on the
defendants by that date and if it had not been issued by the registry the
http://www.judis.nic.in
3/8
CRP(PD)No.1405 of 2021
appearance of the defendants before the Court should have been viewed with
9.At any rate, the suit was permitted to be referred to the Lok Adalat and
the Lok Adalat also passed an award dated 29.11.2019. Thereafter, the award
was forwarded back to the Court and prior to the Court passing any decree, the
in CFR No.2353 of 2019 under Order I Rule 10 (2) of the Code of Civil
Procedure.
passed in the suit or proceeding would directly affect the interest of the person
11.In 2005 (11) SCC 403, Amit kumar shaw & another vs. Farida
khatoon and another, the Hon'ble Supreme Court had held as follows:
http://www.judis.nic.in
may be added as a party to a suit in the following two
4/8
CRP(PD)No.1405 of 2021
cases:
(1)When he sought to have been joined as plaintiff
or defendant, and is not joined so, or
11.In this case, it is certain that the interest of the revision petitioner
away the said application and rejected the same and passed a decree in the suit
on 03.01.2020 and then found a reason for such rejection by stating that the
suit itself had been disposed of and therefore the application is not
maintainable.
http://www.judis.nic.in 13.The revision petition has been filed against that particular order.
5/8
CRP(PD)No.1405 of 2021
counsel that subsequently, the decree had also been forwarded to the
jurisdictional Sub Registrar Office and it was also registered. But, the right
which the revision petitioner herein claims to have owing to the Settlement
15.Therefore, I would allow the revision petition and direct the learned II
Additional District Judge, to take the application on record and number the
naturally the plaintiffs and defendants in the suit and examine whether the
16.A specific ground has been raised in the Civil Revision Petition
assailing fraud on the part of the plaintiff and the defendants. Naturally, a duty
necessary, pass a Judicial Order on the same. Fraud vitiates any solemn
proceedings.
6/8
CRP(PD)No.1405 of 2021
23.07.2021
Index:Yes/No
Internet:Yes/No
ssi
To
http://www.judis.nic.in
7/8
CRP(PD)No.1405 of 2021
C.V.KARTHIKEYAN, J.
ssi
CRP(PD)No.1405 of 2021
and
CMP No.10926 of 2021
23.07.2021
http://www.judis.nic.in
8/8