IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 33341 of 2008(T) -------------------------------------- OS.990/2005 of MUNSIFF'S COURT, TRIVANDRUM .................... PETITIONER(S): ---------------------- V.V. RAJAN, S/O. VENUGOPAL PLAVILA PUTHEN VEEDU, THEKKUMBHAGOM, KAZHAKKUTTAM, THIRUVANANTHAPURAM. BY ADV. MR.BLAZE K.JOSE RESPONDENT(S): -------------------------- 1. VILASINI, W/O. VENUGOPAL K.P. 14/1007, KAZHAKKUTTAM, THIRUVANANTHAPURAM. 2. LATHAKUMARI, D/O.RUGMINI PUTHEN VEEDU, KULATHOOR,THIRUVANANTHAPURAM. R2 BY ADV. MR.G.P.SHINOD, MR.RAM MOHAN.G., MR.MANU V. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 33341/2008-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT IN O.S. NO.990 OF 2005 DATED 07/07/2005. EXT.P2: COPY OF THE ORDER IN I.A.9798 OF 2005 IN O.S. NO.990 OF 2005 DATED 08/11/2005 OF THE 1ST ADDL. MUNSIFF COURT, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.33341 OF 2008 -------------------------- Dated this the 25th day of August 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue an order or direction calling for the records leading to Ext.P2 order and quash the same. ii) Issue an order or direction commanding the 1st Additional Munsiff Court, Thiruvananthapuram to implead the petitioner as additional defendant in O.S No.990 of 2005. iii) Any other appropriate writ, order or direction as this Hon'ble Court may deem fit on the W.P.(C).No.33341 OF 2009 Page numbers facts and circumstances of the case and allow this petition with all costs. 2. Petitioner moved an application for impleading him as an additional plaintiff in a suit filed by his mother as a sole plaintiff. Suit numbered as O.S No.990/2005 was filed by his mother before the 1st Additional Munsiff Court, Thiruvananthapuram seeking a decree to set aside a Will executed in favour of the defendant as fraudulent and not binding on the plaintiff. At the stage when the suit was listed for trial, petitioner approached the court with a petition to implead him as additional second plaintiff in the suit. That application after hearing both sides was dismissed by the court below. Ext.P2 is the copy of the order so passed by the learned Munsiff. Propriety and correctness of that order is challenged in the writ petition. I heard the W.P.(C).No.33341 OF 2009 Page numbers learned counsel on both sides. Assuming that the petitioner has a right to come on recorded as a coplaintiff such an application could be moved only by the plaintiff who instituted the suit. A third party, whoever he be, and, whatever be his rights, cannot claim for impleadment in a pending suit without that application being supported in writing and requested for by the plaintiff, who is dominous litus of the suit. Without going into the merits of the application moved by the petitioner, I find Ext.P2 order has to be sustained. Writ petition lacks merit and it is dismissed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv