KANDHAIAH Vs. DURAIRAJ; EDVID AMMAL AND ORS

JUDGEMENT

(1.) Arguments advanced by Mr.R.Saravanan, learned counsel for the petitioner, were heard.

(2.) Kandhaiah, the first defendant in the Original Suit in O.S.No.651 of 1993 on the file of the District Munsif, Ramanathapuram, is the petitioner in the Civil Revision Petition. The said suit was filed by one Durairaj S/o.Santiagu as the sole plaintiff against the revision petitioner, Kandhaiah and the respondents 7 to 9 in the revision petition, for the relief of partition. In the plaint, the said Durairaj contended that the suit property was the property of one Angammal and he being the son of Angammal born through her first husband Santiagu and the revision petitioner and respondents 4 to 7 being the sons and daughters of the said Angammal born through her second husband, were entitled to succeed to the suit property in equal shares. The suit was resisted contending that Durairaj was not the son of Angammal. The learned trial Judge after trial rejected the defence plea and accepted the plea of Durairaj to be the son of Angammal born through her first husband Santiagu.

(3.) After the dismissal of the second appeal, the said Durairaj, who was the sole plaintiff in whose favour the preliminary decree had been passed, died on 25.03.2008. Thereafter, the respondents 1 to 6 herein filed a petition praying for the passing of a final decree in terms of the preliminary decree along with the petition under Order 22 Rule 3 of the Code of Civil Procedure to implead them as legal representatives of the deceased Durairaj in the said suit.