V R ARUNACHALAM CHETTIAR Vs. VAYINAGARAM

JUDGEMENT

(1.) This revision petition is directed against an order in I.A.No.430 of 1984 in O.S.No.97 of 1983 on the file of the Principal Subordinate Judge, Madurai.

(2.) The facts leading to the filing of this revision petition are as follows: The respondents 1 to 5 herein as plaintiffs filed the said suit against the petitioner and the sixth respondent herein as defendants 1 and 2 and another one O.R. Arunachalam Chettiar, who was the third defendant in the said suit, for framing a scheme and for other reliefs. The suit was filed in a representative capacity by the plaintiffs under Order 1, Rules 8, C.P.C. Even before the summons were served on the third defendant, the third defendant died on 14.7.1983. This fact was intimated to the Court on 5.8.1983 and thereafter, the plaintiffs filed a petition in I.A.No. 236 of 1984 under Order 22, Rule 4, C.P.C. for setting aside the abatement and to implead the legal representative of the deceased third defendant. As the said application was not filed within ninety days from the date of death of the third defendant it was dismissed on 28.7.1984. During the pendency of the said application, defendants 1 and 2 filed a memo into the Court on 20.12.1983 stating as follows:

(3.) The trial Court, after considering the objections of defendants 1 and 2, came to the conclusion that in view of the fact that the proposed party is alleged to have been appointed as a trustee as per the said memo dated 20.12.1983, it is just and necessary that he should be impleaded as a party with a view to avoid multiplicity of proceedings. Consequently, the said application was allowed. Aggrieved against the said order, the first defendant has filed the above revision petition.