PONNAYAMMAL Vs. S SUBRAMANIAM

JUDGEMENT

(1.) THIS civil revision petition is focussed as against the order dated 05.08.2010 passed by the learned Subordinate Judge, Perundurai in I.A.No.450 of 2009 in O.S.No.745 of 1994 (Renumbered as O.S.No.523 of 2009).

(2.) HEARD both sides.

(3.) WHEREAS the learned counsel for the respondent would try to extirpate and torpedo the arguments and pleas of the learned counsel for the revision petitioner by pointing out that the said Marappa Gounder during his life time itself was in receipt of suit summons and when such is the position even by phantasmagorical thoughts it cannot be labelled or dubbed as though the preliminary decree was passed without summons or notice. The legal heirs can only step into the shoes of the deceased and that they cannot try to disown the omissions and commissions of their predecessor-in-title. The predecessor-in-title, viz., Marappa Gounder despite receipt of summons did not participate in the case and in such a case, the legal heirs of Marappa Gounder cannot try to project as though they had no knowledge about the proceedings.