AMBUJA NARASIMHAN AND ORS. Vs. MAXWORTH HOME LTD.

JUDGEMENT

(1.) This civil revision petition has been filed under Article 227 of the Constitution of India against the order of the trial Judge, namely the Principal District Munsif, Alandur dated 07.01.2016 made in I.A.No.138/2014 in O.S.No.417/2013 on the file of the said court. The said suit came to be filed against one Ambuja Narasimhan. On the date of presentation of the plaint itself, the said Ambuja Narasimhan was no more. Thereafter, the plaintiff filed the above said application I.A.No.138/2014 under Order I Rule 3 CPC praying for impleadment of the revision petitioners herein as defendants 2 to 7 in the said suit. The application was resisted on the ground that the suit filed against a dead person was non-est and also on the ground that the cause of action did not survive the death of Ambuja Narasimhan.

(2.) The learned trial Judge, after hearing, upheld the contention of the plaintiff, rejected the objection raised by the proposed parties, who are the revision petitioners and allowed the said application for impleadment. The said order dated 07.01.2016 is challenged in the present civil revision petition.

(3.) Respondent has entered appearance through counsel. The arguments advanced by Mr.Rathina Asohan, learned counsel for the petitioners and by Mr.N.Baskharan, learned counsel for the respondent are heard. The certified copy of the impugned order and copies of the other documents produced in the form of typed set of papers are also perused.