SHEEJA KUMARI Vs. EASWARY AMMA

JUDGEMENT

(1.) Ext.P5 order passed by the Munsiff Court, Kollam (for short, 'the trial court') is under challenge in this original petition.

(2.) The petitioner is the daughter of the plaintiff in a suit for declaration of tile and recovery of possession. The plaintiff died. After the death of the plaintiff, the petitioner filed an application under Order XXII Rule 3 of C.P.C to implead the legal representatives of the deceased plaintiff. The deceased left behind three children. Two children were sought to be impleaded as petitioners and one son was sought to be impleaded as additional defendant since he was staying abroad. However, the address of the son sought to be impleaded as additional defendant was shown at Kerala. Since the address at abroad was not shown, the application was dismissed as not maintainable as per the impugned order.

(3.) I have heard Sri.A.Jani, the learned counsel for the petitioner.