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2024 Supreme(Mad) 1067

S. SOUNTHAR
Thilagavathy W/o. Late R. Shankar – Appellant
Versus
Rathnabai W/o. Late K. Thanikachalam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A.R. Suresh
For the Respondents: Mr. R. Krishnaswamy

ORDER :

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the fair and decreetal order passed by the learned Principal District Judge, Tiruvallur made in I.A. No.1 of 2019 in unnumbered O.S. SR. No.5077 of 2019 dated 26.11.2019.

The Civil Revision Petition is filed challenging the order passed by the Trial Court allowing the application filed by the respondents, seeking to record them as legal representatives of deceased sole plaintiff, along with 6th respondent, who was sought to be arrayed as 7th defendant.

2. The mother of the respondents 1,2 and 6 namely Rathnabai filed a Suit against the petitioners and respondents 3 to 5 seeking preliminary decree for partition in her 1/6th share in the suit properties and other reliefs. After presentation of the plaint, before numbering of the same, the sole plaintiff, the above said Rathnabai died. Therefore, the respondents 1 and 2 filed an I.A. No.1 of 2019 in unnumbered O.S. SR. No.5077 of 2019 seeking their impleadment as plaintiffs 2 and 3 in the place of deceased sole plaintiff Rathnabai. The said Rathnabai died leaving behind one son and two daughte

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