RAMASAMY Vs. R KALIYAMOORTHY

JUDGEMENT

(1.) THE plaintiff in O. S. No. 308 of 1995 on the file of the learned District munsif, Thiruvaiyaru has come forward with this revision challenging the order dated 02. 09. 2005 made in I. A. No. 66 of 2005. The respondent is the petitioner in i. A. No. 66 of 2005 and a third party to the suit.

(2.) THE above suit was filed by the plaintiff for declaration of title and for consequential relief of injunction to restrain the defendant from in any way interfering with the alleged peaceful possession and enjoyment of the property of the petitioner herein. The said suit was laid against one Mrs. Papathiammal. On appearance before the lower court, the sole defendant Mrs. Papathiammal filed a petition under Order 7 Rule 11 C. P. C. seeking to reject the plaint. The learned District Munsif allowed the same and rejected the plaint. Challenging the said order, the petitioner herein has filed A. S. No. 93 of 2001 on the file of the learned Principal District Judge, Thanjavur.

(3.) DURING the pendency of the said appeal, the sole respondent in the appeal Mrs. Papathiammal died. Thereafter, the petitioner filed I. A. No. 210 of 2003 before the lower appellate court seeking to implead the respondent herein as the second respondent in the appeal on the basis of a Will allegedly executed by Mrs. Papathiammal in favour of the respondent but subject to the proof of the will.