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2023 Supreme(Mad) 1045

S. S. SUNDAR, P. B. BALAJI
C. Mani [Died] – Appellant
Versus
K. Sampath – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. D. Shivakumaran
For the Respondent: Mr. R.Jayaprakash

JUDGMENT :

S.S.SUNDAR, J.

Prayer:- Appeal Suit filed under Section 96 of CPC against the fair and decreetal order dated 30.04.2015 made in IA.No.198/2014 in OS.No.304/2013 on the file of the learned II Additional District Judge, Salem.

1. The sole plaintiff in the suit in OS.No.304/2013 before the learned II Additional District Judge, Salem, is the appellant in the above appeal and the present Appeal Suit is preferred against the fair and decreetal order dated 30.04.2015 made in IA.No.198/2014 in OS.No.304/2013, an interlocutory application filed under Order 7 Rule 11 of CPC to reject the plaint in OS.No.304/2013.

2. Pending appeal, the sole appellant died and appellants 2 to 4 are brought on records as legal representatives of the deceased sole appellant.

3. Brief facts that are necessary for the disposal of this Appeal Suit are as follows.

4. The appellants are the legal representatives of the sole plaintiff by name C.Mani who was the plaintiff in the suit in OS.No.304/2013. The plaintiff entered into an Agreement of sale with the respondents for sale of his properties for a total sale consideration of Rs.75 lakhs by a Sale Agreement dated 02.02.2012. In the meanwhile, it appears that

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