MUTHUSAMY AND ORS. Vs. SEMBAYEE AND ORS.

JUDGEMENT

(1.) The revision petitioners herein are the plaintiffs in O.S. No. 447 of 1995 on the file of the learned District Munsif Court, Sankari. The prayer in the said suit is for permanent injunction restraining the defendants therein from interfering with the peaceful possession and enjoyment of the plaintiffs over the suit properties.

(2.) At the time of filing of the suit, 15 defendants were shown as parties. The first defendant died on 03.09.2009. Thereafter, an application in I.A. No. 998 of 2012 was filed under Order 22 Rule 4 CPC to bring the LR's of the 1st defendant on record. It is stated that the same is still pending.

(3.) While so, the revision petitioners who are the plaintiffs came to know that the 10th defendant had died on 08.05.2003 itself. Hence, an application in I.A. No. 1318 of 2013 was filed to bring the LR's of the deceased 10th defendant on record. However, the said application was filed under Order 1 Rule 10 CPC, instead of Order 22 Rule 4 CPC. The Trial Court by an order dated 22.01.2015 rejected the said application in I.A. No. 1318 of 2013 on the sole ground of quoting of wrong provision. No other reason has been stated for rejecting the said application.