DEVARAJ Vs. KALIAPPAN AND ORS.

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decretal order dated 16.04.2013 made in I.A.No.212 of 2013 in I.A.No.628 of 2010 in O.S.No.78 of 2009 on the file of the Additional District Munsif Court, Tiruchengode.

(2.) The petitioner is the 19th defendant, respondents 1 to 3 are the plaintiffs and respondents 4 to 21 are the defendants 1 to 18 in O.S.No.78 of 2009 on the file of the Additional District Munsif Court, Tiruchengode. The respondents 1 to 3 along with one deceased Ganesan filed the said suit for declaration of sale deed dated 07.09.1949 executed by one Chinnamudali in favour of Mottiyamudali and another sale deed dated 12.11.2008 executed by the respondents 4 to 21 in favour of the petitioner as null and void and not binding on the respondents 1 to 3 and for permanent injunction against the petitioner and respondents 4 to 21 from interfering, encumbering, trespassing, putting up any construction or alienating and disturbing their peaceful possession and enjoyment of the suit property. Pending suit, the said Ganesan/second plaintiff died. The respondents 1 to 3 filed three applications to condone the delay in filing the petition to set aside the abatement and to bring on record the legal heirs of the deceased second plaintiff. The application filed under Section 5 of the Limitation Act and section 151 of C.P.C to condone the delay of 93 days in filing the petition to implead the legal heirs of the deceased 2nd plaintiff is numbered as I.A.No.628 of 2010.

(3.) The petitioner filed counter affidavit and was opposing the said application. The respondents 1 to 3 filed the present application, I.A.No.212 of 2013 in I.A.No.628 of 2010 under Order 23, Rule 1(3) and section 151 of C.P.C to grant leave to the respondents 1 to 3 to withdraw the application I.A.No.628 of 2010 with liberty to file fresh application on the same cause of action. According to the respondents 1 to 3, by oversight and inadvertence, the legal heirs of said Ganesan were not shown as petitioners in the application. This is a formal defect.