S. SEKAR Vs. T. K. GANAPATHU MUDALIAR

JUDGEMENT

(1.) The Civil Revision Petition is filed to set aside the order dtd. 23/8/2022 passed in I.A.No.276 2020, in OS.No.215 of 2013. The revision petitioners are the defendants and one late Mr.T.K.Ganapathu Mudaliar instituted a suit for injunction, and during the pendency of the suit, the plaintiff T.K.Ganapathu Mudaliar died and thereafter, Mr. L.Karthikeyan was impleaded as a legal representative of the deceased plaintiff under Sec. 2(11) of CPC.

(2.) The Trial Court allowed the Interlocutory Application filed under Order 1 Rule 10(2) r/w 151 C.P.C. to implead the said Mr.L.Karthikeyan as the second plaintiff since the sole plaintiff, i.e., T.K.Ganapathu Mudaliar died on 13/12/2019. The revision petitioners raised an objection mainly on the ground that the deceased T.K.Ganapathu Mudaliar has other legal heirs and all those legal heirs are not impleaded in the suit and thus, the order of the Trial Court is to be set aside.

(3.) The learned counsel for the respondent contended that the other six legal heirs of the deceased plaintiff T.K.Ganapathu Mudaliar have given their notarised affidavits authorising Mr.L.Karthikeyan to represent the suit based on the will and therefore, there is no irregularity in respect of the order passed by the Trial Court, allowing the impleadment petition filed by the respondent plaintiff. The learned counsel for the respondent relied on Sec. 2(11) of CPC, wherein the legal representatives are entitled to the suit on behalf of the original deceased plaintiff.