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2023 Supreme(Mad) 381

S. M. SUBRAMANIAM
S. Sekar – Appellant
Versus
T. K. Ganapathu Mudaliar (Died) L. Karthikeyan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S. Sai Shankar.
For the Respondent: T.R. Rajaraman.

ORDER :

Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to pass an order directing the Hon'ble XIV Court of Small Causes at Chennai to pass orders in RLTOP No. 355 of 2020 within a reasonable time.

1. The Civil Revision Petition is filed to set aside the order dated 23.08.2022 passed in I.A. No. 276 2020, in O.S. No. 215 of 2013. The revision petitioners are the defendants and one late Mr. T.K. Ganapathu Mudaliar instituted a suit for injunction, and during the pendency of the suit, the plaintiff T.K. Ganapathu Mudaliar died and thereafter, Mr. L. Karthikeyan was impleaded as a legal representative of the deceased plaintiff under Section 2(11) of CPC.

2. The Trial Court allowed the Interlocutory Application filed under Order 1 Rule 10(2) r/w 151 C.P.C. to implead the said Mr. L. Karthikeyan as the second plaintiff since the sole plaintiff, i.e. T.K. Ganapathu Mudaliar died on 13.12.2019. The revision petitioners raised an objection mainly on the ground that the deceased T.K. Ganapathu Mudaliar has other legal heirs and all those legal heirs are not impleaded in the suit and thus, the order of the Trial Court is to be set aside.

3. The learne

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