M. JAGADESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal suit is filed against the Judgment and decree dated 08.04.19937 made in O.S.No.211 of 1981 on the file of the Subordinate Judge, Srivilliputhur.

(2.) This appeal suit is pending from the year 1997 onwards. The original suit was filed in the year 1981. Against the judgment and decree of the Sub Court, Srivilliputhur, dtd. 8/4/1983, the appellants have preferred this Appeal, among the appellants the second and sixth appellants were reported dead. There is a delay of 6085 days in filing a petition to bring the LRs of the deceased sixth appellant.

(3.) Reasons for the delay stated in the petition is that the appellants 1,3 and 4 are not aware of the LR particulars of the sixth appellant. C.M.P.Nos.1652 of 2017 is filed to implead the appellants 11 to 17 as the LRs of the deceased sixth appellant. C.M.P.(MD)No.1649 of 2017 is filed to bring on record the LRs of the second appellant as ninth and tenth appellants. No vakalat for the proposed appellants was filed along with the petitions. If there is any contra interest between the appellants, the appellants 1, 3 and 4 have to file a petition to implead the LRs of the appellants 2 and 6 as respondents. But, the C.M.P. petitions are filed only to implead the LRs of the deceased second and sixth appellants as appellants 9 to 17. Without filing vakalat for the proposed appellants 9 to 17, the appellants cannot implead the proposed appellants as appellants. There is a delay of 6085 days, which was not at all explained by the appellants 1, 3 and 4.