Amendment to pleadings concerning deceased defendants allows for exemption from substitution if they were ex parte and had no interest in the proceedings, and such request is not limited by the 90-day period post-death.

ORDER :

V. LAKSHMINARAYANAN, J.

This Civil Revision Petition arises against the order passed by the learned District Munsif cum Judicial Magistrate, Cheyyur in I.A. No. 304 of 2022 in O.S. No. 55 of 2020 dated 25.08.2023.

2.The civil revision petitioners are the plaintiffs in the suit. O.S.No.55 of 2020 was originally presented before the learned District Munsif at Madurantakam and was numbered as O.S.No. 328 of 2013. Subsequently, on account of creation of a Court at Cheyyur, the suit was transferred to the file of District Munsif cum Judicial Magistrate, Cheyyur and renumbered as O.S.No. 55 of 2020. In the suit, the plaintiffs seek for the following reliefs:

"(a). For Declaration that the legal heirs of Late.Ganapathy Gramani viz., the plaintiffs 1 to 5 as well as the defendants 3 to 14 are the absolute owners of the suit schedule properties and have got title over the same and for possession of the suit schedule properties from the defendants 1 and 2;

(b). For Declaration that the plaintiffs as well as 5th defendant's mother by name Yasodha, defendants 3,4, the father of the defendants 6 to 8 by name T.G.Angamuthu, mother of the defendants 9,10,12, 13 and grand-mother of the defendant no.11 by name Rukmani and the mother of the 14th defendant by name Chandra are the son and daughters of Late. Ganapathy Gramani and as such the plaintiffs as well as the defendants 3 to 14 are his surviving legal heirs;

(c). For Permanent injunction restraining the defendants 1 and 2, their men and agents from in any manner encumbering or alienating the suit schedule properties;

(d). For Permanent injunction restraining the defendants 1 and 2, their men, agents, servants and others from in manner carrying out land or building developments in the suit schedule properties.

(e). For Declaration that the plaintiffs as well as the defendants 3 to 14 have been having easement rights in respect of the suit properties through and over adjacent lands, comprised in Survey Nos. 328 to 345 and 650 to 700 and its respective sub-division survey numbers of suit village since time immemorial through their predecessors-in-title;

(f). For Permanent Injunction restraining the defendants 1 and 2, their men, agents, servants and others from in any manner interfering with the enjoyment of easement rights of the plaintiffs as well as the defendants 3 to 14 and which have been available to the suit properties through and over adjacent lands, comprised in Survey Nos. 328 to 345 and 650 to 700 and its respective sub-division survey numbers of suit village;

(f-1). For declaration that the General Power of Attorney, dated 14.02.2008, (Amended as per order,dated registered as 26.10.2021 made in I.A.No.257 of 2021 in O.S.No.55) document No.85/IV/2008 on the file of S.R.O. Cheyyur as null and void, unenforceable, not binding upon the plaintiffs and the defendants 3 to 14 and vitiated by fraud; (Amended as per order, dated 11.08.2021 made in I.A.No.159 of 2021 ;in O.S.No.55)

(f-2). For declaration that the Deed of Sale, dated 29.05.2008, registered as document No.2090 of 2008 on the file of S.R.O.Cheyyur as null and void, unforecable, not binding upon the plaintiffs and the defendants 3 to 14 and vitiated by fraud; (Amended as per order