PAPPAMMAL Vs. JOTHI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is at the instance of the Appellant, who appeared inperson, and is aggrieved by the judgment and order of the High Court of Madras in CRP No. 1345 of 2023 dtd. 30/1/2024. The Civil Revision Petition before the High Court was filed against the order dtd. 4/3/2023 in I.A. No. 6 of 2023 in O.S. No. 155 of 2017 passed by the Subordinate Judge, Perambalur.

(3.) Briefly stated, the facts of the case are that one Pappammal, the original plaintiff and the mother of Appellant and Respondent No. 1 herein, filed O.S. No. 155 of 2017, a civil suit for declaration and recovery of possession against Respondent no. 2 herein, R. R. Jagadesan. The suit was being prosecuted by the Appellant as the power agent of his mother Pappammal, aged around 97 years at the time. During the pendency of the suit, Pappammal died on 10/1/2020. Thereafter, the Appellant moved an application being I.A. No. 1 of 2020, seeking his substitution as the legal representative of the deceased plaintiff, relying upon a registered will dtd. 13/6/2016 executed by the deceased plaintiff in his favour with respect to her entire estate.