S. MOHANAKUMARAN NAIR Vs. ANAS

JUDGEMENT

(1.) This original petition is filed under Article 227 of the Constitution of India by the plaintiffs in O.S.No.2123 of 1993 pending consideration before the Additional Munsiff's Court, Thiruvananthapuram, challenging Ext.P3 order dated 24.10.2017 in I.A.No.8354/2016 in O.S.No.2123 of 1993, dismissing the review sought for by the petitioner to review the order dated 20.08.2016, whereby the petitioners were directed to implead the legal heirs of the 2nd defendant who was reported to be dead, as per a memo filed by the counsel dated 16.07.2015.

(2.) The contention advanced by the petitioners is that, the 2nd defendant died on 01.10.2014 while R.S.A No.1108/2010 was pending before this Court, and the respondents who were appellants in the said R.S.A failed to implead the legal heirs, and therefore, the order passed by the court below directing the petitioners/plaintiffs to implead the legal heirs of the 2nd defendant cannot be sustained under law. The court below, after elaborate consideration of the matter and taking into account the legal principles laid down, has arrived at a conclusion that, from a plain reading of Order XXII CPC, dealing with impleadment of the legal heirs consequent to the death of the defendants, it is the duty of the plaintiffs/petitioners to implead the legal heirs when the death of the defendant is reported, and therefore, the review sought for by the petitioners has no basis, and it was accordingly dismissed.

(3.) I have heard learned counsel for the petitioners and the learned counsel appearing for the 1st respondent and perused the pleadings and the documents on record. The 2nd respondent is the deceased 2nd defendant.