GANESAN Vs. PERUMAL GOUNDER

JUDGEMENT

(1.) THIS unnumbered Revision is filed against the Order passed in I. A. No. 279 of 1990 in I. A. No. 2783/86 in O. S. No. 1387 of 1982, on the file of the District Munsif, Salem , dated 27. 9. 1993.

(2.) ONE Krishnan was the second respondent in that application. He died on 10. 8. 1993, ie. before the Order was passed by the lower Court. But, without knowing the death, the Order has been passed.

(3.) ACCORDING to me, the Application filed by the petitioners for setting aside the abatement and also to implead the legal heirs before this Court, are not maintainable. The impleading before this Court can be had only if the death happened while the matter was pending before this court. Admittedly, Krishnan died before the Order was passed by the Lower court. But that fact was not noted at that time.