S S NEELAMEGAM Vs. R JEYAPAL

JUDGEMENT

(1.) The Petitioner/Plaintiff has filed the present Civil Revision Petition as against the order dated 16/7/2004 in I.A. No. 50 of 2003 in O.S. No. 712 of 1993 passed by the learned III Additional Sub-Judge, Madurai.

(2.) The trial Court while passing orders in I.A. No. 50 of 2003 in O.S. No. 712 of 1993 on 16/7/2004 has among other things observed that "the first Petitioner while appearing before the Court on 7/7/2004 has stated that the second Petitioner therein (S.S. Adimoolam, his brother) has expired seven years before and hence, the application filed on their behalf is not legally maintainable and accordingly dismissed the application.

(3.) The Learned Counsel for the first Petitioner/first Plaintiff urges before this Court that the order of the trial Court in dismissing I.A. No. 50 of 2003 in O.S. No. 712 of 1993 on 16/7/2004 is contrary to law and the same is vitiated by material irregularity.