SUBBAMMAL Vs. D V HARIPRASAD

JUDGEMENT

(1.) C.R.P. No. 4157 of 2011 is filed as against the order passed in I.A. No. 222 of 2011 in O.S. No. 169 of 1993 pending on the file of the District Munsif Court, Thiruvallur. According to the petitioners, initially, O.S. No. 169 of 1993 was filed by one Mr. Sivaraju. The said suit was dismissed for default on 31.7.2006 and the said Sivaraju filed I.A. No. 389 of 2007 to condone the delay of 189 days in filing the restoration petition. During the pendency of the same, the sole plaintiff namely, Sivaraju died on 2.1.2009. Subsequently, I.A. No. 270 of 2009 was filed by one D. Sowdamani in I.A. No. 389 of 2007 in O.S. No. 169 of 1993 seeking to implead herself as a legal representative of the original plaintiff Sivaraju and as a second plaintiff in the said suit. Thereafter, another I.A. was filed in I.A. No. 463 of 2009 by the said Saudamani under Order VI Rule 17 read with Section 151 CPC to amend the LR application filed in I.A. No. 270 of 2009 to add the names of the respondents herein as legal representatives. However, these I.A.s were withdrawn, according to the learned counsel for the petitioners, on 28.1.2011 and I.A. No. 222 of 2011 was filed by the respondents herein on the same day under read with Section 151 CPC to implead themselves as plaintiffs in the suit and the same was allowed. Hence, the above civil revision petition.

(2.) According to the learned counsel for the petitioners, the respondents want to implead themselves as legatees under the Will executed by the deceased plaintiff, Sivaraju. According to the learned counsel, Section 2(11) of the Civil Procedure Code defines a "legal representative" as hereunder: