Gopalakrishnan v. Ezhili

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.04.2019

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.(PD).No.1303 of 2019 and CMP.No. 8520 of 2019 Gopalakrishnan ... Petitioner/2nd Plaintiff Vs.

1. Ezhili ..Respondent/Petitioner/3rd Party

2. Sankaranarayanan ..Respondents/Respondents 1,3 &4/Plaintiff 1,3 & 4

3. Tamijeselvy

4. Porselvi ..Respondent/Respondent/Defendant

5. Camilus Louis ... Respondents/3rd Party , Plaintiffs 1, 3 & 4/Defendant Civil Revision Petition filed under Article 227 of the Constitution of India pleased to set aside the fair and decretal order dated 09.01.2019 in I.A.No.641 of 2015 in O.S.No.1397 of 2015 on the file of the learned I Additional District Munsif at Puducherry.

For Petitioner : M/s.Subramanian

O R D E R

The Civil Revision Petition has been filed to set aside the fair and decretal order dated 09.01.2019 in I.A.No.641 of 2015 in O.S.No.1397 of 2015 on the file of the learned I Additional District Munsif at Puducherry.

2. The learned Judge has permitted the first respondent herein to be impleaded as a party defendant in the suit. The proposed party has sought to be impleaded in the suit filed by the revision petitioner as a legal representative of the deceased Vaithianathan on the basis that she is the wife legally married to him after the demise of the first wife. In support of her prima facie case she has produced documents like ration card, bank pass book, Adhar card etc., and considering all these documents the learned Judge has allowed the application which is challenged only by the second plaintiff. As observed by the learned Judge the proposed party has prima facie put forward https://hcservices.ecourts.gov.in/hcservices/

certain documents to show that she is the second wife of the deceased Vaithianathan. In these circumstances she is a proper necessary party for the proceedings. It is no doubt that she has to ultimately establish her right independently. I do not find any infirmity in the order passed by the learned I Additional District Munsif at Puducherry, accordingly the civil revision petition stands dismissed. No costs. Consequently connected miscellaneous petition is also closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar dpq To The I Additional District Munsif Puducherry.

+1 CC to Mr.S.Subramanian, Advocate sr 33143. C.R.P.(PD).No.1303 of 2019 and CMP.No. 8520 of 2019 NMI(CO) SP(13/05/2019) https://hcservices.ecourts.gov.in/hcservices/