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2024 Supreme(Online)(MAD) 26698

HIGH COURT OF MADRAS
Honourable Mr Justice V. LAKSHMINARAYANAN
RADHAMANI – Appellant
Versus
SUBRAMANIAM – Respondent


ORDER

This civil revision petition arises out of the order dated 13.06.2024 passed by the learned II Additional District Judge, Tiruppur, in I.A.No.3 of 2023 in O.S.No.49 of 2015 refusing to permit the petitioner to contest the suit in O.S.No.49 of 2015 on behalf of her husband-Govindasamy.

2. The respondents 1 to 6 before this court have presented a suit for partition. They claimed that they have a share as against Govindasamy, who was the sole defendant in the suit. Alleging that Govindasamy is physically and mentally paralysed due to COVID19, the civil revision petitioner filed an application in I.A.No.3 of 2023 invoking the provision under Order XXXII, Rule 4 of CPC. She wanted to be appointed as next friend / guardian of the said Govindasamy. She pleaded that she is the wife of the said Govindasamy.

3. On the application being filed, the learned II Additional District Judge issued notice to the plaintiffs in the suit. The plaintiffs inter alia denied the relationship between the civil revision petitioner-Radhamani and the sole defendant - Govindasamy (since deceased). The partly paralysed gentleman was called to the court and the court had recorded the statement that he was menta

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