D.SELVI Vs. SUSEELA RAMACHANDRAN

JUDGEMENT

(1.) This Civil Revision Petition arises against the order passed by the learned District Munsif cum Judicial Magistrate, Cheyyur in I.A. No. 304 of 2022 in O.S. No. 55 of 2020 dtd. 25/8/2023.

(2.) The civil revision petitioners are the plaintiffs in the suit. O.S.No.55 of 2020 was originally presented before the learned District Munsif at Madurantakam and was numbered as O.S.No. 328 of 2013. Subsequently, on account of creation of a Court at Cheyyur, the suit was transferred to the file of District Munsif cum Judicial Magistrate, Cheyyur and renumbered as O.S.No. 55 of 2020. In the suit, the plaintiffs seek for the following reliefs:

(3.) For the purpose of the disposal of the revision, it is not necessary to delve deep into the facts of the case. Suffice it to state that pending the suit, summons were issued to the defendants 3, 12 and 13. They have been served and had been set exparte. When the matter was taken up for further proceedings, the learned counsel appearing for the 1 st defendant filed a Memo, bringing it to the notice of the Court that the 3rd defendant, Krishnaveniammal, wife of Vadivel, had passed away on 12/10/2018. He stated that the same was not brought to the notice of the Court by the Plaintiffs. He pointed out that Krishnaveniammal is a close relative of the Plaintiffs. The Memo also stated, one of the daughters of Rukkumani, the 12th Defendant had also died, and therefore, this has to be clarified by the plaintiffs. The Memo added since steps have not been taken for several years, the suit had abated. Along with the Memo, the death certificate of Krishnaveniammal was also filed. It is this Memo, which prevented, the suit from progressing further.