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2024 Supreme(Online)(MAD) 14815

HIGH COURT OF MADRAS
Hon`ble Mr Justice S. SOUNTHAR
MRS.THILAGAVATHY – Appellant
Versus
RATHNABAI (SINCE DECEASED) – Respondent


O R D E R

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 daughters. The respondents 1 and 2 are son and daughter of Rathnabai. The other daughter namely the 6th respondent herein failed to join the respondents 1 and 2 and therefore, she was sought to be added as 7th defendant in the Suit. The Trial Court allowed the said application and aggrieved by the same, the peti

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