KANAGAM Vs. SAMUEL NADAR (DIED) AND ORS.

JUDGEMENT

(1.) This Civil Revision Petition has been preferred by the petitioners against the fair and decretal order passed in I.A.No.309 of 2009 in O.S.No.655 of 1987 on the file of I Additional District Munsif, Kuzhithurai.

(2.) The brief case is that the plaintiffs had filed the suit for preliminary decree for redemption and the preliminary Decree was passed on 21.03.2003 and the final decree application was filed on 30.01.2006. Pending final decree proceedings, the plaintiffs have filed I.A.No.309/2006 to implead the legal heirs of the deceased 2nd defendant.

(3.) The respondents 10 to 15 stated that the 2nd respondent died before the final decree proceedings. Hence, the proposed parties should have been added as parties before filing of the final decree application.