C SAROJA Vs. SHRIRAM CITY UNION FINANCE LTD

JUDGEMENT

(1.) THIS Civil Revision Petition is filed under Article 227 of the Constitution of India challenging the order made in I.A.No.110 of 2006 in S.C.No.44 of 2006 dated 28.06.2007 on the file of the Second Additional District Munsif Court Trichirappalli.

(2.) THE defendants in S.C.No.44 of 2006 are the revision petitioners. THE said suit was filed by the respondent herein seeking a direction to the defendant to pay a sum of Rs.3,646/- with future interest at 30% per annum and cost from the date of plaint till the date of realization. THE said suit was filed on 09.12.2006 against the original defendant who died on 18.04.2005 leaving behind the petitioners herein who are the legal representatives of the deceased defendant i.e., widow and the father of the defendant.

(3.) THE learned counsel for the petitioners argued that the suit having been filed against the dead person, the same is liable to be dismissed and the application filed to bring the legal representatives of the deceased defendant is unsustainable.