Madras HC Orders Fresh Decision On Six Siblings’ Bid To Join Property Suit After They Produce 2022 Sale Deed

The first respondent filed a suit seeking declaration and recovery of possession of property described as measuring 26 kuzhies and 3 veesams.

The petitioners applied under Order I Rule 10 CPC to be impleaded as defendants, asserting ownership and possession; the trial court dismissed the application, finding they had not established a right in the property.

In the revision, the petitioners produced a registered sale deed dated 20 October 2022, said to convey 15 kuzhies and 11 veesams to them from S. Kothandapani, who had purchased the property in 1977.

That deed had not been placed before the trial court.

The judgment refers to the underlying suit as O.S. No. 386 of 2015 in the procedural history, but as O.S. No. 386 of 2025 in paragraph 4.

The petition was brought under Article 227 of the Constitution, and the impleading application was made under Order I Rule 10 CPC.

The Court held that, when reviewing the trial court’s order, it could consider the averments and documents before that court; a document produced for the first time in revision could not be used to test whether the earlier order was correct.

No precedent was cited.

The sale deed relied upon by the petitioners was not before the trial court, so that court had not had the opportunity to consider it when deciding whether the petitioners should be impleaded.

The High Court therefore declined to use the newly produced deed as a basis to assess the correctness of the dismissal.

Instead, it remitted the application so the petitioners could file an additional affidavit and relevant documents, and the plaintiff could respond by counter.

The petitioners were directed to file an additional affidavit with relevant documents, and the plaintiff was permitted to file a counter.

The trial court was directed to dispose of the application within four weeks after the counter was filed; neither its earlier order nor the High Court’s order was to influence the fresh determination.

No costs were ordered, and the connected miscellaneous petition was closed.