M RANGANATHAN Vs. V MARIAPPAN

JUDGEMENT

(1.) THIS Civil Revision has been preferred against the order, dated 13.07.2007 passed in I.A.No.12862 of 2006 in O.S.No.1623 of 1997 on the file of the V Assistant Judge, City Civil Court, Chennai.

(2.) THE aforesaid Interlocutory Application had been filed by the revision petitioner, who was the third defendant in the suit to implead the official assignee, chennai as the fourth defendant in the suit. THE revision petitioner herein has averred in the affidavit that the defendants 1 and 2 in the suit were adjudicated as insolvents in I.P.No.33 of 1996 and in I.P.No.181 of 1996 respectively and hence, the assets of the defendants 1 and 2 are vested with the Official Assignee, High Court, Chennai. THErefore, the defendants 1 and 2 have no right in the property to deal with the same and as such to contest the suit.

(3.) IN the result, this Civil Revision Petition is allowed and the impugned order passed by the Court below is set aside. Consequently, connected miscellaneous petition is closed. However, there is no order as to costs. Since the suit relates to the year 1997, the Court below is directed to dispose the suit, after impleading the Official Assignee, High Court of Madras, on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order.