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1994 Supreme(Mad) 1004

THANGAMANI
N. Krishnaswamy Reddiar and others – Appellant
Versus
Manickavasagam – Respondent


Advocates:
P.k.sampath, senior counsel for m/s.hema sampath, r.subramanian, for petitioners. s.srinivasan, for respondent.

Judgment :

The court made the following order: the first review petitioner krishnasamy reddiar along with his brother deceased ramaswamy reddiar filed o.s.no.22 of 1982 against the present respondent manickavasagam in the court of district munsif of musiri and obtained a decree ex parte on 12. 1986, ramaswamy reddiar died on 6. 1985 prior to the decree. in e.p.no.236 of 1988 the first review petitioner sought to execute the decree. subsequently he filed e.a.no.943 of 1988 under o.21, rule 16 and sec.151, c.p.c. for impleading present review petitioners 2 and 3 who are wife and daughter of ramaswamy reddiar l.rs. of the said ramaswamy reddiar in the abovesaid e.p. on 111. 1993 learned district munsif allowed the application. The respondent herein challenged the same before this Court in C.R.P.No.148 of 1994. Learned single Judge in his order dated 12. 1994 allowed the C.R.P. and set aside the order in E.A.No.943 of 1988 and dismissed that application for impleading the present petitioners 2 and 3 as L.Rs. of deceased Ramaswamy Reddiar. The order in E.A.No.943 of 1988 was set aside on the sole ground that admittedly at the time of passing of the decree Ramaswamy Reddiar was not alive.








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