Madras High CourtCRP(MD)/394/2022allowed

R.S. Maharajan (Died) S. Rajammal v. R.Gnana Arulmoni

2022-03-03Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.394 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI C.R.P(MD).No.394 of 2022 R.S. Maharajan(died) S. Rajammal : Petitioner/Petitioner/ Proposed 2nd Petitioner/ Proposed 2nd Plaintiff Vs R. Gnana Arulmoni : Respondent / Respondent/ Respondent/ Defendant PRAYER:- Civil Revision Petition filed under section 115 of the C.P.C, to call for the records relating to the case in I.A.No.2 of 2021 in I.A.No.1 of 2021 in O.S.No.17 of 2009 on the file of the I Additional District Judge, Tirunelveli, dated 25.10.2021 and set aside the same.

For petitioner : Mr. C. Jeganathan For respondent : Mr. K. Rajeswaran

ORDER

The revision petitioner filed this revision to set aside the order dated 25.10.2021 passed in I.A.No.2 of 2021 in I.A.No.1 of 2021 in O.S.No.17 of 2009 on the file of the I Additional District Judge, Tirunelveli.

2. Heard the learned counsel appearing for the petitioner and perused the materials available on record. No adverse order passed against the respondent and hence, no notice is necessary to the respondent.

3. The Interlocutory Application in I.A.No.2 of 2021 filed by the petitioner / plaintiff to implead the proposed petitioner as Legal heir of the deceased petitioner as second petitioner in I.A.No.1 of 2021. Except the proposed party, no other Legal heirs to the deceased petitioner.

4. The respondent agitated that the succession certificate has to be produced. But, he has not denied the propose party is https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD).No.394 of 2022 only legal heir to the deceased petitioner. So, this Court is inclined to interfere with the order passed by the I Additional District Judge, Tirunelveli.

5. Accordingly, the Civil Revision is allowed by setting aside the order dated 25.10.2021 passed in I.A.No.2 of 2021 in I.A.No.1 of 2021 in O.S.No.17 of 2009 on the file of the I Additional District Judge, Tirunelveli. The learned I Additional District Judge, Tirunelveli is directed to implead the proposed party as petitioner. No costs.

Sd/- Deputy Registrar (Accounts) // True Copy // / /2022 Sub Assistant Registrar(CS) trp To The I Additional District Judge, Tirunelveli +1 CC to M/s.K.RAJESHWARAN, Advocate ( SR-10005[F] dated 04/03/2022 ) C.R.P(MD).No.394 of 2022 03.03.2022 RD(21.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2