MARIMUTHU Vs. P.APPAVOO

JUDGEMENT

(1.) The Civil Revision Petition in C.R.P.No.119 of 2013 is directed as against fair and decreetal order dtd. 30/11/2012 passed in I.A.No.671 of 2012 in O.S.No.347 of 2004, on the file of the learned Principal District Munsif, Thiruchengode, thereby allowing the petition to amend the plaint and the Civil Revision Petition in C.R.P.No.1842 of 2015 is directed as against fair and decreetal order dtd. 18/2/2015, passed in I.A.No.26 of 2015 in O.S.No.347 of 2004, on the file of the learned Principal District Munsif, Thiruchengode, thereby dismissing the petition to stay all further proceedings in O.S.No.347 of 2004.

(2.) The first deceased respondent and another deceased Ramasamy Gounder filed a suit in O.S.No.396 of 1991 on the file of the Sub Court, Sankari, against the deceased petitioner and two others for specific performance on the strength of the agreement for sale dtd. 21/1/1991, executed by the deceased defendants 1 and 2. After filing the suit, the defendants 1 and 2 died and the plaintiffs were not taken any steps to bring their legal representatives on records. Therefore, the said suit was dismissed as against them. Thereafter, the plaintiffs filed memo and the suit was restored against the deceased petitioner alone who has shown as third defendant in the suit. The said suit was transferred and renumbered as O.S.No.374 of 2004 on the file of the District Munsif Court, Thirucehngode.

(3.) Thereafter the first plaintiff viz., first deceased respondent filed petition in I.A.No.603 of 2004 to implead the second respondent herein as the legal representative of the deceased second defendant and the same was allowed. Again the deceased first respondent filed application under Order 6 Rule 17 of C.P.C., to amend the plaint thereby seeking relief of specific performance as against the third defendant viz., the deceased petitioner herein. It was allowed and aggrieved by the same, the deceased first petitioner filed the Civil Revision Petition in C.R.P.No.119 of 2013. While pending the said C.R.P.No.119 of 2013, the first deceased petitioner filed stay petition in I.A.No.26 of 2015 and the same was dismissed by the Court below, as against which, he filed another Civil Revision Petition in C.R.P.No.1842 of 2015.