IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27217 of 2008(M)
1. P.K.RAMESAN, S/O.K.K.KARUNAKARAN,
... Petitioner
Vs
1. D.LATHA, D/O.KRISHNAN, RESIDING AT
... Respondent
For Petitioner :SRI.M.R.ANANDAKUTTAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :16/09/2008
O R D E R
V. RAMKUMAR, J.
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W.P.(C).NO.27217 OF 2008-M
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Dated this the 16th day of September, 2008.
JUDGMENT
In this petition filed under Article 227 of the Constitution of
India, the petitioner, who is the defendant in O.S.No.721/2007 on
the file of the Principal Munsiff, Trivandrum, challenges Ext.P3
order dated 16.7.2008 passed by the learned Munsiff dismissing the
petitioner’s application for impleading a third party by name Appavoo
as additional third defendant in the said suit. The suit is for
realisation of a sum of Rs.76,654/= with interest thereon by way
of arrears of rent. The contention raised by the petitioner is that he
had discharged the rent to one Appavoo. When the plaintiff is
admittedly the land owner in respect of the property in question, the
impleadment of said Appavoo to whom the defendant claims to
have paid the rent was unnecessary, particularly in the face of
the objection by the plaintiff who is the dominus litis. It is for the
plaintiff to decide as to which all persons should be on the party
array in the suit instituted by him, unless the person who is not
joined as party is a necessary party. The court below cannot be
faulted for dismissing the petition filed by the petitioner/defendant.
WPC.NO.27217/2008 .
2
This writ petition is without merit and it is accordingly
dismissed.
V. RAMKUMAR,JUDGE.
cl