LAWS(MAD)-2023-4-46

NACHIMUTHU Vs. V. KANNAMMAL

Decided On April 03, 2023
NACHIMUTHU Appellant
V/S
V. Kannammal Respondents

JUDGEMENT

(1.) This Second Appeal has been filed challenging the judgment and decree passed by the Courts below. The fifth defendant in the suit in O.S.No.189 of 2009 on the file of the Principal District Munsif Court, Karur is the appellant herein. The respondents 1 to 5 are the plaintiffs in the suit. The respondents 6 to 8 are the defendants 2 to 4 in the suit and are formal parties.

(2.) In the forthcoming paragraphs, the parties are described as per their litigative status in the suit. The plaintiffs filed a suit for declaration in O.S.No.189 of 2009 on the file of the Principal District Munsif Court, Karur seeking for a declaration that they are the only legal heirs of the deceased Veeran. Since they had a difficulty in obtaining the legal heirship certificate for the deceased Veeran on account of the objections raised by the first defendant (Karuppayee), who also claims to be the wife of late Veeran, the plaintiffs were constrained to file a suit seeking for the declaratory relief. During the pendency of the suit, the first defendant Karuppayee died and the plaintiffs filed an interlocutory application to bring on record her son, namely, the fifth defendant as her legal representative. The fifth defendant was disclosed as son of Chinnu and not Veeran in the application filed to bring on record the legal representative of the deceased first defendant Karuppayee. Since the notice remained unserved in the said interlocutory application despite attempts being made, the Trial Court had permitted substituted service through paper publication for serving the notice on the fifth defendant. Accordingly, paper publication was effected and despite the same, since the fifth defendant did not enter appearance, he was set ex parte by the Trial Court. Before the Trial Court, neither Karuppayee while she was alive nor the fifth defendant filed their respective written statements.

(3.) Before the Trial Court, the plaintiffs filed five documents, which were marked as exhibits A1 to A5. The exhibits marked on the side of the plaintiffs are as follows: <FRM>JUDGEMENT_46_LAWS(MAD)4_2023_1.html</FRM>