G.Chidambaram v. Munusamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2023 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN C.R.P.(PD)No.3809 of 2019 and CMP.No.25019 of 2019 1.G.Chidambaram 2.G.Chanderan .. Petitioners 1.Munusamy 2.Irusappan 3.Manikkam 4.Dhanalakshmi 5.Sampoornam 6.Irusammal 7.Vajjaravelu 8.Mani 9.Guruswamy 10.Ellammal 11.Susila 12.Perumal .. Respondents Petition filed under Article 227 of the Constitution of India against the order and decree dated 01.12.2019, made in I.A.No.2 of 2019 in O.S.No.19 of 2017, on the file of Subordinate Judge, Tiruttani. For Petitioners : Mr.A.Gouthaman 1/4

O R D E R

The suit is for partition. The suit had been presented by the first respondent's brother and sisters claiming to be the legal heirs of one Ayammal. At the time of presentation of the plaint, the proposed party, who has been arrayed as 12th defendant namely, one Perumal, was not made as a party to the suit. Therefore, he filed an application to implead himself. The said application was allowed. Against which, the present revision has been presented.

2.Mr.A.Gouthaman, learned counsel appearing for the petitioners would submit that the entire idea of the plaintiffs is to drag on the proceeding and further at the time of presentation of the plaint, he ought to have been atleast shown as a defendant. Having not done so in the year 2017, to implead the petitioners after filing of the written statement is only to somehow or other protract the same. 3.The relationship of the proposed 12th defendant Perumal, as one of the sons of Ayammal, is not in dispute. The suit itself has been initiated by the plaintiffs only on the ground that they are the legal heirs of Ayammal. In a partition suit, all the parties have to be impleaded as the parties to the suit, otherwise will be fatal for non-joinder of necessary parties. The said defect has been rectified by filing of the impleading 2/4

application in I.A.No.2 of 2019.

4.The learned trial Judge has rightly allowed the application. I do not find any necessity to interfere. The civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 25.08.2023 Index:Yes/No Speaking order/Non-speaking order To The Subordinate Judge, Tiruttani.

3/4

V. LAKSHMINARAYANAN,J.

C.R.P.(PD)No.3809 of 2019 and CMP.No.25019 of 2019 25.08.2023 4/4