Madras High Court
CRP/6495/2026 of Kumar Vs P. Mythili on 12 October 2026
CRP No. 6495 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6495 of 2026
and CMP No.27947 of 2026
CNR:{HCMA012082282026}
Kumar
Petitioner(s)
Vs
1. P. Mythili
2.R.Mari
Respondent(s)
PRAYER
Petition filed under Article 227 of the Constitution of India, to set aside the order dated 21.07.2026 allowing the IA.No.5 of 2026 in OS.No.6789 of 2022 on the file of the V Assistant City Civil Court at Chennai.
For Petitioner(s):
Mr.A.D.Janarthanan
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decreetal order passed in IA.No.5 of 2026 in OS.No.6789 of 2022, dated 21.07.2026, on the file of the V Assistant City Civil Court, Chennai, wherein the application filed by the petitioner under
CRP No. 6495 of 2026 Order I Rule 10 of CPC, to implead him as a proposed defendant in the suit came to be rejected by the Court below.
2. Heard the learned counsel for the petitioner and carefully perused the materials available on record. This Court also went through the order passed by the Court below.
3. The 1st respondent is the plaintiff who filed the suit in OS.No.6789 of 2022, seeking for the relief of permanent injunction against the 2nd respondent. The case of the petitioner is that the 2nd respondent is none other than the servant and even before the present suit was filed, the 1st respondent filed the earlier suit in OS.No.4108 of 2017, seeking for the same relief of permanent injunction. Both the suits were pending on the file of the V Assistant City Civil Court, Chennai. The 2nd respondent who is the defendant in the present suit no longer continues as a servant and therefore the petitioner wanted to implead himself as a defendant in the present suit. The said application came to be rejected by the Court below and aggrieved by the same, the present CRP has been filed before this Court.
4. In the considered view of this Court, the 1st respondent/plaintiff has already filed a suit against the petitioner seeking for the same relief and for the same property in OS.No.4108 of 2017 and that suit is pending. In view of the
CRP No. 6495 of 2026 same, it is not necessary for the petitioner to get himself impleaded in the present suit. It will suffice if the IV Assistant Judge, V Assistant City Civil Court, Chennai, is directed to try both the suits together viz., OS.No.4108 of 2017 and OS.No.6789 of 2022. If the same is done, the petitioner can effectively prosecute the suit. Both the suits are at the stage of recording evidence on the side of the defendant. Therefore, the Court below can take a decision to either have a joint trial or try the suits simultaneously.
5. In the result, this Civil Revision Petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 12-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp To V Assistant City Civil Court Chennai.
CRP No. 6495 of 2026 N.ANAND VENKATESH J. kp CRP No. 6495 of 2026
12-10-2026