Padmini vs Jothimani - 2023 Supreme(Mad) 366

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 366

S. M. SUBRAMANIAM
Padmini – Appellant
Versus
Jothimani – Respondent

Advocates Appeared:
For the Petitioner: Mr. R. Jayaprakash.
For the Respondent: Mr. V. Jeevagiridharan.

ORDER :

Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the Fair and Decretal Order passed in I.A.No.1566 of 2021 in O.S.No.228 of 2020 dated 23.04.2022 on the file of Principal District Munsif Court at Kallakurichi by allowing the present Civil Revision Petition.

The civil revision petition has been filed against the Fair and Decretal Order passed in I.A.No.1566 of 2021 in O.S.No.228 of 2020 dated 23.04.2022. The revision petitioner is the first plaintiff in the suit which was instituted for declaration.

2. During the pendency of the suit, respondents 1 to 6 filed an application under Order I Rule 10 of CPC, to implead themselves as defendants in the suit as they being necessary parties for adjudication of the issues. The first petitioner Mrs. Jothimani is the wife of the deceased Subramanian. The other petitioners are the children born to Mrs. Jothimani and her husband late Mr. Subramanian. The said facts were not disclosed in the suit by the plaintiff.

3. When the respondents 1 to 6 came to know about the facts regarding the institution of suit for declaration, they filed the application for impleading under Order 1 rule 10 o

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