JAKKU @ GANGADEVI Vs. E P SARASWATHI

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decreetal order dated 12.08.2009, made in I.A.No.173 of 2008 in O.S.No.130 of 2007, on the file of the First Additional Subordinate Court, Erode.

(2.) The petitioners are defendants 4 to 6, first respondent is the plaintiff, respondents 2 & 3 are the defendants 2 & 3 and respondents 4 to 7 are the proposed parties in O.S.No.130 of 2007. The first respondent filed the said suit for partition and separate possession, on the file of the First Additional Subordinate Court, Erode. Pending suit, the first defendant died. First respondent filed I.A.No.173 of 2008 for impleading the proposed parties as legal representatives of the deceased first defendant.

(3.) The petitioners filed counter affidavit and submitted that the proposed parties have no connection with the deceased first defendant. The first defendant had two wives and they are alive and they are the only legal heirs of deceased first defendant. The third respondent and proposed parties remained exparte. The second respondent did not file any counter affidavit.