Judgment :-

Tarun Chatterjee, J.

1. Leave granted.

2. This appeal is directed against the final judgment and order dated 12th of April, 2007 of the High Court of Madras at Chennai in Civil Revision Petition (PD) Nos. 1453 & 1454 of 2005 and in Civil Revision Petition (PD) No. 62 of 2006, whereby the High Court, by a common judgment, had dismissed the Civil Revision Petition (PD) Nos. 1453 & 1454 of 2005 filed by the appellant herein and allowed the Civil Revision Petition (PD) No. 62 of 2006 filed by the respondents.

3. The question that needs to be decided in this appeal relates to the interpretation of Order XXII Rule 4[4] of the Code of Civil Procedure [for short `the CPC].

4. The interpretation given by the High Court in the impugned judgment is that once the sole defendant dies and the civil court passes a decree in ignorance of the same and thereafter even there being any exemption obtained under Order XXII Rule 4 Sub-Rule 4 of the CPC to bring the heirs and legal representatives of the sole defendant on record, the ex parte decree passed in favour of the plaintiff/appellant becomes a nullity.

5. At this stage, we may now narrate the facts of this case. The appellant was a pla