P RATHINAM Vs. G PALANI GOUNDER

JUDGEMENT

(1.) (Civil Revision Petition No.1570 of 2004 is filed against the order dated 26.7.2004 in I.A.No.156 of 2004 in O.S.No.89 of 2003 on the file of the Subordinate Judge's Court, Sankari. Civil Revision Petition No.1571 of 2004 is filed against the order dated 6.7.2004 in I.A.No.120 of 2004 in O.S.No.5 of 2000 on the file of the Subordinate Judge's Court, Sankari.) C.M.P.Nos.15693 to 15700 of 2005 and 16409 to 16414 of 2005: It is seen from the records and submissions made by learned counsel on either side that pending both the Civil Revision Petitions, the first defendant in O.S.Nos.5 of 2000 and 89 of 2003 (i.e. the first respondent in C.R.P.No.1570 of 2004 and the second respondent in C.R.P.No.1571 of 2004) died. Naturally, the legal representatives of the deceased first defendant have to be impleaded. It is seen that pending C.R.Ps., both the petitioner and one of the legal representatives of the first defendant have filed these C.M.Ps. for (i) to condone the delay in filing the application to set aside the abatement caused due to the death of the first defendant, to condone the delay in filing the petition to bring on record the legal representative of the deceased first defendant, to set aside the abatement caused due to the death of the first defendant and to bring on record the respective parties as legal representatives of the deceased first defendant in both the Civil Revision Petitions. Since they are necessary parties to the suit which was filed for recording partition of properties and for permanent injunction, they have to be impleaded. Therefore, the legal representatives of the deceased first defendant shall be impleaded in these Civil Revision Petitions as parties. Accordingly, all these C.M.Ps. are allowed and R.Sakthivel and N.J.Sri Arul Kumaran are impleaded as third and fourth respondents in both the Civil Revision Petitions. C.R.P.(PD).No.1570 of 2004:

(2.) AGGRIEVED by the order of the learned Subordinate Judge, Sankari in I.A.No.156 of 2004 in O.S.No.89 of 2003, dated 26.7.2004, this Civil Revision Petition has been filed.