SIVAGURUNATHAN Vs. RAJENDRABABU

JUDGEMENT

(1.) The proposed second Plaintiff in O.S. No. 397 of 1995 is the revision petitioner herein. The Plaintiff namely Krishnaveni Ammal has filed the said suit against the respondents herein for mandatory injunction directing them to pay half of the produce from the suit property to her till her death and for other reliefs. Pending suit, Krishnaveni Ammal died. The petitioner herein has filed I.A. No. 1097 of 2000 under Order XXII Rule 3 CPC to implead him as 2nd plaintiff in the suit. After hearing both sides, the trial court dismissed the application, hence the present revision.

(2.) Mr. Perumal, learned counsel appearing for the petitioner submitted that Krishnaveni Ammal has bequeathed the mesne profits payable to her by the respondents till her lifetime to the petitioner herein under a 'will' dated 14-07-1994; that by virtue of the said 'will' the petitioner is entitled to mesne profits payable to Krishnaveni Ammal by the respondents from the date of the suit namely 20-11-1995; that the trial court erred in dismissing the petition holding that the petitioner has to seek his relief by way fresh proceedings and not in the present suit; that the trial court erred in holding that the relief claimed by the deceased Krishnaveni Ammal extinguished after her death and prayed for setting aside the impugned order passed by the trial court.

(3.) Though the respondents were served notice, none appeared, either in person or through a pleader.