PERUMAL GOUNDER Vs. ANNAMALAI GOUNDER

JUDGEMENT

(1.) THIS civil revision petition is against the order passed by the learned District Munsif, Tiruvannamalai in I. A. No. 1124 of 1992 in O. S. No. 884 of 1981 allowing the application filed under O. 1, Rule 10 of the Code of civil Procedure.

(2.) THE case of the applicant is as follows: THE first defendant died during the pendency of the suit. Since no steps have been taken for impleading the legal representatives of the first defendant, the petition has been filed for impleading them under O. l, rule 10 of the Code of Civil Procedure. THE legal procedures are only to achieve the ends of justice. Unless the legal representatives of the deceased first defendant are impleaded, they will be put to irreparable loss and hardship.

(3.) IT is a recognised principle of law that when a suit or an appeal abates, a very valuable right accrues to the other party and such a right is not to be ignored or interfered with, lightly in the name of doing substantial justice to the party as depriving a party of a lawful right created in the administration of justice in the absence of good grounds results in injustice to the party concerned. We have to approach the case on hand bearing the above proposition of law, since the learned counsel appearing for the respondent has drawn the attention of this Court to the order passed by the learned District Munsif. Wherein the learned District Munsif has observed that, ' ; taking steps by the plaintiff to implead the legal representatives of the deceased first defendant, even though is correct, deciding the same without giving an opportunity to the plaintiff may not be in the interests of justice and therefore, the application is ordered' ;. The above observation of the learned District Munsif shows that in the interests of justice, the order has been passed by the learned District Munsif.