ORDER :

Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the fair and decretal orders dated 30.06.2023 passed in I.A.No. 2 of 2022 in O.S.No. 34 of 2017 on the file of the Additional District Munsif Court, Tittagudi.

1. The Civil Revision Petition is filed challenging the order passed by the Trial Court refusing to grant exemption to the petitioner/plaintiff from bringing the legal representatives of the deceased 5th defendant namely Manivasagam on record. The preamble portion of impugned order would indicate respondents 1 to 3 did not object the petitioner's prayer by filing counter. The 4th respondent remained exparte. Hence, having regard to the relief prayed for, notice to respondents 1 to 4 is not necessary.

2. The petitioner herein filed a suit for declaration of title and recovery of possession. The 5th defendant was set exparte on 01.02.2018. Thereafter, pending suit, the 5th defendant namely Manivasagam died. The petitioner herein filed application in I.A.No. 2 of 2022 seeking exemption from bringing the legal representatives of the deceased 5th defendant on record under Order XXII Rule 4(4) of CPC. The said application wa