IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 3781 of 2008(A) ------------------------- AGAINST THE ORDER IN IA.5523/07 IN OS.628/2007 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONER: --------------------- MOHANDAS D.B. AGED 40 YEARS, S/O. DIVAKARAN NADAR, KARIKKARATHALAYKKAL PUTHEN VEEDU MALAYAM, VILAVOORKAL MURI,VILAPPILSALA VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.P.S.RAMESH KUMAR SMT.ANNAMMA ABRAHAM RESPONDENT: ------------------------ AJITH KUMAR ,AGED 41 YEARS, S/O. VISWANATHAN NAIR, 'GOWRISANKARAM' SASTHA TEMPLE ROAD, KUNNAPUZHA, ARAMADA P.O., THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 3781 OF 2008 = = = = = = = = = = = = = = = Dated this the 1st day of February, 2008. J U D G M E N T This writ petition is filed against the order of the learned Prl. Subordinate Judge, Thiruvananthapuram in I.A.5523/07 in O.S.628/07. The Court below found that I.A. cannot be allowed on merits because it is bad for non joinder of necessary parties. The Court took the view that without impleading the defendants in the suit as parties to the interim applications a considered order cannot be passed. I find that the said view expressed by the learned Munsiff is perfectly in order and when a third party intervenes in a suit certainly all the parties to the suit are proper and necessary parties for adjudication of the matter. Therefore I do not find any illegality or irregularity committed by the Court below in dismissing the application for non joinder of all W.P.C 3781 OF 2008 -:2:- parties. Needless to say as observed by the Court below proper application can be filed for impleading the parties and the dismissal of this application will not be a bar for the same. M.N. KRISHNAN, JUDGE. ul/-