JUDGMENT

The petitioner who is the third defendant in OS No.214 of 2001 is aggrieved in that the court below by passing Ext.P2 order has allowed impleadment of the legal heirs of deceased defendants 1 and 2 in the suit even without notice to all the legal heirs of those defendants. The first defendant died as early as on 03.10.01 and second defendant died on 02.09.02. The counsel who was appearing for those defendants reported the matter to the court on time as required under Order XXII Rule 10 A. The plaintiff, however, did not take steps for impleading the legal heirs of the deceased defendants. On 29.08.02 noticing that the first defendant is no more and the plaintiff has not taken any steps for impleading his legal heirs the court passed the following order : No steps taken on relief sought against D1, dismissed.” More than two years thereafter, the plaintiff filed the present IA seeking impleadment of the legal representatives of the first defendant and also the second defendant who has already indicated as expired in the meanwhile on 02.09.02. By Ext.P2 the above application has been allowed, though serious objections, Ext.P1, was filed by the petitioner to the same. Sri.K.Ram