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2016 Supreme(Mad) 703

P.R.SHIVAKUMAR
Ambuja Narasimhan – Appellant
Versus
Maxworth Home Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Rathina Asohan
For the Respondent: Mr. N. Baskharan

ORDER :

This civil revision petition has been filed under Article 227 of the Constitution of India against the order of the trial Judge, namely the Principal District Munsif, Alandur dated 07.01.2016 made in I.A. No. 138/2014 in O.S. No. 417/2013 on the file of the said court. The said suit came to be filed against one Ambuja Narasimhan. On the date of presentation of the plaint itself, the said Ambuja Narasimhan was no mare. Thereafter, the plaintiff filed the above said application I.N. No. 138/2014 under Order I Rule 3 CPC praying for impleadment of the revision petitioners herein as defendants 2 to 7 in the said suit. The application was resisted on the ground that the suit filed against a dead person was non-est and also on the ground that the cause of action did not survive the death of Ambuja Narasimhan.

2. The learned trial Judge, after hearing, upheld the contention of the plaintiff, rejected the objection raised by the proposed parties, who are the revision petitioners and allowed the said application for impleadment. The said order dated 07.01.2016 is challenged in the present civil revision petition.

3. Respondent has entered appearance through counsel. The arguments advan

















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