ANDAVAR KULANDAI Vs. RADHA

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order dated 1.2.2012 made in unnumbered I.A. No. /2012 in OS. No. 128/1997 by the learned District Munsif, Thirumangalam, rejecting the application filed under Order 3 (sic) Rule 10 of CPC for impleadment of the proposed parties. The Respondents 1 to 7 as Plaintiffs filed the suit for declaration and recovery of possession contending that Arumuga Pillai and Nagappa Pillai executed a trust deed dated 30.4.1951 dedicating the property for the family Deity Sri Muthuswami. The said Arumuga Pillai and Nagappa Pillai died. After the death of Arumuga Pilai, who had no issues, the heirs of Nagappa Pillai were the Trustees of Sri Muthuswami Deity. In the plaint, it is specifically stated that Nagappa Pillai had three sons, namely, Muthu Vel, the Defendants 1 and 2 and two daughters, namely, the 1st Plaintiff and one Vijayalakshmi. It is further averred that the 1st Plaintiff's sister Vijayalakshmi left the family long ago and she has not been heard for the past 10 years. In the Written Statement filed by the Defendants 1 and 2, a specific plea has been raised that the suit is not maintainable, as it is barred for non joinder of 1st Plaintiff's sister. In the said circumstances, an application has been filed by the proposed parties, who are the heirs of Vijayalakshmi for impleading themselves claiming trusteeship along with the plaintiffs.

(2.) The said application was rejected by the Trial Court at the threshold without even numbering it and without issuing notice to the other side. As against the same, this Civil Revision Petition has been filed.

(3.) The proposed parties claimed to be the heirs of the deceased Vijayalakshmi, who is the 1st Plaintiff's sister. The original suit was filed by the 1st Plaintiff and subsequently, pursuant to the order in SA. No. 113/2010, Sri Muthuswami Deity was added as Plaintiff. The 1st Plaintiff Radha died and therefore, her legal heirs have been brought on record as the Plaintiffs 2 to 7. It is not in dispute that the Deity Sri Muthuswamy is the family Deity of the Arumuga Pillai and Nagappa Pillai. Arumuga Pillai had no issues. The Plaintiffs 2 to 7 are the legal heirs of one of the daughters of Nagappa Pillai. The Defendants 1 and 2 are the sons of Nagappa Pillai.