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2006 Supreme(Mad) 1063

S.R.SINGHARAVELU
M. Vairavan – Appellant
Versus
R. V. Periannan Chettiar & Others – Respondent


Advocates Appeared:For the Petitioner:S. Srinivasa Raghavan, Advocate. For the Respondents:M. Venkatachalapathy, Senior Counsel for D. Rajendiran, Advocate.

Judgment :-

1. This Civil Revision Petition arises against the order and decretal order dated 24.11.2004 made in I.A.No.293 of 2004 in O.S.No.45 of 2000 on the file of Subordinate Court, Sivagangai, in allowing the Respondent/4th Plaintiff to act as Power Agent for the other plaintiffs 3 to 7.

2. The suit was on a pro-note and as one among the three brothers/creditors viz., Ramanathan died, his widow, 2 sons and 2 daughters were respectively impleaded as Plaintiffs 3 to 7. The 4th plaintiff was said to be the Power of Attorney of his mother and co-born. At that time when the plaint was presented as no such document of Power of Attorney was annexed, the plaint was returned. Subsequently, the parties by inadvertence have failed to submit the same. The case is posted for arguments. It is at that stage the petition culminating into the impugned order was filed to permit the respondent/4th plaintiff to act as Power of Agent of other plaintiffs 3 to 7 and as no prejudice was caused and for the reason that thenceforth it was acted upon, that 4th plaintiff was considered to be the Power of Attorney. Of remaining plaintiffs 3 to 7, the Trial Court by its impugned order has allowed the appli









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