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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SAKTHIVEL
Jayabalan (Deceased) – Appellant
Versus
Ramajayam – Respondent
ORDER :
R. SAKTHIVEL, J.
1. Feeling aggrieved by the Fair and Decretal Order dated February 16, 2023 passed by 'the Additional District Court, Mayiladuthurai' ['Trial Court' for short] in I.A.No.1 of 2022 in O.S.No.53 of 2022, the Respondents 2 and 5 therein/Defendants 2 and 5 have preferred this Civil Revision Petition under Article 227 of the Constitution of India, 1950.
2. The Revision Petitioners herein are the Defendants 2 and 5; Respondents 1 to 6 herein are the Plaintiffs and Respondents 7 and 8 are the Defendants 3 and 4 in the Original Suit in O.S.No.53 of 2022 on the file of the Trial Court. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.
3. The case of the Plaintiffs is that Suit Item No.1 and some more properties originally belonged to Radhalakshmi who is the mother of the first Plaintiff and grandmother of Plaintiffs 2 to 6. Radhalakshmi executed a Settlement Deed dated September 10, 1952 in favour of her husband - Subbiah Naidu, in respect of the said properties including Suit Item No.1. Her husband - Subbiah Naidu purchased Suit Item No.2 vide Sale Deed dated February 28, 1957.
3.1. Subbiah Naidu and Radha
A suit against a deceased defendant is a nullity, but the right to sue survives against legal heirs; failure to properly implead heirs does not invalidate the claim.
Dismissal of Interlocutory Applications affirmed as documents sought were irrelevant and delay in proceedings does not justify reopening closed evidence.
Amendments to pleadings must not alter the nature of the suit and must be sought with due diligence, particularly before trial commencement; claims based on adverse possession are limited to a 12-yea....
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