RAJI Vs. ANBALAGAN DIED MADHAN

JUDGEMENT

(1.) INVEIGHING the order dated 4/8/2009 in I.A. No. 193 of 2009 in I.A. No. 490 of 2008 in O.S. No. 142 of 2007 on the file of the learned Principal Subordinate Judge, Krishnagiri, this civil revision petition is focussed.

(2.) HEARD both sides.

(3.) BEING aggrieved by and dissatisfied with the said order, this revision as been filed on various grounds, the gist and kernel of them would run thus: The lower Court failed to see that in the I.A. No. 490 of 2009, consequent upon the death of Anbalagan, his legel heirs were net impleaded. Without taking steps to implead the legal heirs of Anbalagan in the suit, the lower Court was not justified in simply proceeding with the LA and passing orders on that LA. Having no other go, LA. No. 193 of 2009 was filed with the same cause title, and that LA. was dismissed, finding fault with the plaintiffs as though they did not file counter in the LA. No. 490 of 2008, despite ample opportunities having been given.