1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.03.2011 CORAM: THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN C.R.P(NPD)(MD)No.521 of 2011 and M.P(MD)NO.1 of 2011 Sorimuthu Ayyanar .. Petitioner/Plaintiff -vs- 1.M.Malaiyarasi .. 1st Respondent/Proposed Defendant 2.Lalitha Ammal .. 2nd Respondent/Defendant PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order made in I.A.No.292 of 2009 in O.S.No.135 of 2008 on the file of the Principal Sub-Court, Tirunelveli dated 29.06.2010. For Petitioner : Mr.M.V.Venkataseshan ORDER The Civil Revision Petition is directed against the order dated 29.06.2010 made in I.A.No.292 of 2009 in O.S.No.135 of 2008, on the file of the Principal Sub-Court, Tirunelveli. 2.The Civil Revision Petition has been filed against the order of the trial Court allowing an application filed by the first respondent to implead herself as a defendant in the suit filed by the petitioner herein. 3.It is the case of the petitioner that he filed a suit for recovery of money, which was given on a mortgage loan to the second respondent. Pending the suit, the first respondent filed an application to implead herself as a party, on the strength of the alleged settlement deed dated 16.12.1998 said to have been executed by the second respondent conveying the suit property in favour of the first respondent. The said application was allowed by the trial Court and the said order is under challenge before this Court. 4.Mr.M.V.Venkataseshan, learned counsel appearing for the petitioner strenuously contended that the first respondent/proposed party did not produce the alleged settlement deed dated 16.12.1998 executed by the second respondent in her favour and inspite of notice, the first respondent has not produced the document and that itself would prove the falsity of the case. He has also submitted that unless the document is produced, the first respondent cannot be impleaded as party. He would further submitted that the first and second respondents are mother and daughter and no whisper about the settlement deed has been made in the written statement filed by the second respondent. Therefore, he seeks for setting aside the order. https://hcservices.ecourts.gov.in/hcservices/ 2 5.It is evident that the first respondent filed the application on the strength of the alleged settlement deed dated 16.12.1998. When a party approached the trial Court seeking impleadment to the proceedings that she already became the owner of the property, it is the bounden duty of the Court to hear the parties and adjudicate the issue by making he or she as a party. If the proposed party is impleaded, it would avoid multiplicity of the proceedings. 6.The trial Court rightly allowed the petition observing that the nature of the document and its validity can be adjudicated at the time of trial, where the petitioner can have every right to question the said document. Therefore, at the threshold itself, the first respondent cannot be denied participation in the proceedings, especially when the first respondent pleaded that she got the property by way of alleged settlement deed dated 16.12.1998. 7.In view of the reasons given above, there is no illegality or perversity in the order passed by the trial Court. Therefore, the impugned order is sustained and the Civil Revision Petition is dismissed. 8.The learned counsel for the petitioner while arguing the matter stressed that when the suit is ripe for trial, the impleading petition was filed and the proceedings could not be completed. In view of that, the trial Court is directed to dispose of the suit on or before 30th June 2011. 9.With the above observation, the Civil Revision Petition is dismissed. Consequently, connected Miscellaneous Petition is also dismissed. No costs. Sd/- Deputy Registrar (L.A) /True Copy/ Assistant Registrar To The Principal Subordinate Judge, Tirunelveli. + 1 cc to Mr.M.V.Venkataseshan, Advocate SR No.7006 C.R.P(NPD)(MD)No.521 of 2011 16.03.2011 ps RJ/24.3.11 2p/3c https://hcservices.ecourts.gov.in/hcservices/