M GEORGE Vs. M ALBERT

JUDGEMENT

(1.) THE second defendant in O. S. No. 249 of 1996 on the file of the Sub-court, Ootacamund is the revision petitioner herein. The first respondent herein has filed the above said O. S. No. 249 of 1996.

(2.) IN the said suit, the fourth defendant, who is the sister of the first respondent herein as well as the revision petitioner was set exparte on 19-11-1992. Thereafter, the fourth defendant died on 04-09-1996, hence the plaintiff/first respondent herein has filed I. A. No. 1039 of 2003 to implead the legal heirs of the deceased fourth defendant as defendants 9 to 11 in the suit. The trial court, after hearing both sides allowed the said application, hence this revision petition.

(3.) MR. Srinath Sridevan, learned counsel appearing for the petitioner submits that the trial court failed to note that the suit as against the fourth defendant abates and as such the trial Court ought not to have permitted to implead the legal heirs of the deceased fourth defendant in the absence of an application under Order 22 Rule 4 CPC and prayed for setting aside the impugned order of the trial court.