Should a party be impleaded under Order I, Rule 10(2) of the Code of Civil Procedure, 1908 in an application that is itself not maintainable?

Paragraph 12No doubt, the Trial Court has allowed the Application in I.A.No.1 of 2024 under Order I, Rule 10(2) CPC, impleading the revision petitioners in I.A. No.293 of 2020. The petitioners have admittedly purchased lands in S.Nos.463/1 and 463/4, tracing title to the lawful owners viz., Chennimalai Gounder and his legal heirs, who had originally conveyed portions of the said Survey Numbers, even as early as 1995 and the said lands have subsequently changed hands and presently vested with the revision petitioners. Even though, the arguments of the learned Senior Counsel, Mr.S.Mukunth, that no prejudice would be caused to the petitioner and that they can putforth all their objections in I.A. No.293 of 2020, appears to be attractive at first blush, I am unable to countenance the said argument for the simple reason that the petitioners have already been forced to litigate in respect of the same property in O.S. No.299 of 2011, which proceedings attained finality only in 2018. Once again, the first respondent has attempted to stake a claim in the very same Survey Numbers, without even a prima facie entitlement of any iota of right in the said S.Nos.463/1 and 463/4 and merely basing her claim on the preliminary decree passed originally on 11.01.1994. In all fairness, even when I.A. No.293 of 2020 had been filed, the first respondent ought to have impleaded the petitioners, which again, only exposes the lack of good faith. Malafides are writ large on the actions of the first respondent. Having found that there is no avenue for passing any supplementary final decree, there is no purpose in allowing the impleadment application in I.A. No.1 of 2024 under Order I, Rule 10(2) CPC. This Court exercising powers under Article 227 of the Constitution of India cannot shut its eyes to cases of grave injustice to bonafide parties and when it has been brought to the notice of this Court and also for the various reasons elaborated hereinabove, that the very application for passing a supplementary final decree in I.A. No.293 of 2020, being not maintainable, I am certainly justifying in invoking the extraordinary powers under Article 227 of the Constitution of India to strike of I.A. No.293 of 2020 to avoid further wasting of judicious time of the Trial Court, on a matter that has already attained finality even on 26.10.1994.