Civil revision petition against impleadment of legal heirs of deceased defendant in appeal; principal alive at filing but died before order; High Court upholds impleadment as legally tenable; petition dismissed.
Civil revision petition dismissed, no costs. Connected miscellaneous petition closed. ¶¶33
The impleadment of legal heirs of the deceased defendant is legally tenable and the order allowing I.A.No.5 of 2021 does not warrant interference. ¶¶33
C.R.P.(MD)No.1504 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.07.2025
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI
C.R.P.(MD)No.1504 of 2022
and
C.M.P.(MD)No.6315 of 2022
Senthil (Original name Senthilkumar) ...Petitioner
Vs.
Karmegam (Died) Power Agent viz Krishnan ...Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the relevant records against the order and decreetal order, dated 03.06.2022 passed in I.A.No.5 of 2021 in A.S.No.72 of 2019, on the file of the Sub-Court, Manamadurai and quash the same.
ORDER
This petition has been filed seeking to set aside the impugned order and
decreetal order, dated 03.06.2022 passed in I.A.No.5 of 2021 in A.S.No.72 of 2019 by the learned Sub-Judge, Manamadurai.
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2.
2. The learned counsel for the petitioner would submit that the petitioner is the proposed fifth respondent in A.S.No.72 of 2019 and he was impleaded as fifth respondent in I.A.No.5 of 2021. Challenging the impleadment of the petitioner, the present Civil Revision Petition is filed.
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present civil revision petition is filed solely on the ground that at the time of filing I.A.No.5 of 2021, the principal is alive and subsequently, the principal died and after his death, I.A.No.5 of 2021 was allowed for impleading the petitioner and other respondents as legal heir of Rajamani, is not sustainable one and prays for allowing the Civil Revision Petition.
representation for the respondent.
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allowed by brought the petitioner and other legal heirs as respondents in the said appeal. Admittedly, the petitioner's father died and it is necessary for the petitioner and other legal heirs to implead themselves as respondents in the Appeal suit and behind his back, no order can be passed. Already the power agent is represented and he filed I.A.No.3 of 2020 before the trial Court for restoration of the appeal and the same is pending. Similarly, the principal filed I.A.No.5 of 2021 to implead the legal heirs of the defendant and in that there is no prejudice caused to the petitioner. Hence, the order of the lower court for allowing the I.A.No.5 of 2021 for impleading the legal heirs of the respondent/defendant including the petitioner is legally tenable which need not be interfered with. Accordingly, the civil revision petition is dismissed no costs. Consequently, connected miscellaneous petition is closed.
15.07.2025
Internet:Yes/No Index:Yes/No am
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To
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M.DHANDAPANI, J.
am
C.R.P.(MD)No.1504 of 2022
15.07.2025
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1 issue framed by the court
Whether the impleadment of legal heirs of the deceased defendant (petitioner's father) is sustainable when the principal (Karmegam) was alive at the time of filing I.A.No.5 of 2021 but died subsequently, and the impleadment order was passed after the principal's death.¶¶25
1 provisions across 1 enactments
How this case reached the court
order and decreetal order, dated 03.06.2022 passed in I.A.No.5 of 2021 in A.S.No.72 of 2019¶¶12
Sub-Court, Manamadurai · 03.06.2022
Original suit O.S.No.166 of 2010 filed by power agent Krishnan through Karmegam (power of attorney) against petitioner's father Rajamanikam for declaration and permanent injunction; suit dismissed on 25.11.2015.¶¶21
Appeal A.S.No.72 of 2019 filed against the dismissal; appeal dismissed for default on 23.10.2019.¶¶21
Restoration petition I.A.No.3 of 2020 filed by power agent Krishnan for restoration of the appeal; pending before trial court.¶¶21
Petitioner's father Rajamanikam died on 12.06.2021.¶¶21
I.A.No.5 of 2021 filed by principal Karmegam through power agent Krishnan to implead petitioner and other legal heirs as respondents 2 to 10; allowed on 03.06.2022.¶¶21
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
