M KRISHNAMOORTHY Vs. M NACHIMUTHU

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of the dismissal of an application under Order XXII Rule 3 of Civil Procedure Code.

(2.) THE petitioners herein are the legal representatives of one M.Rajammal, who filed a suit in O.S.No.129 of 2006 against her brothers for partition and separate possession of certain properties. Pending suit, the sole plaintiff died on 14.11.2007. THE petitioners filed an application in I.A.No.1409 of 2007 for bringing them on record as legal representatives of the deceased sole plaintiff in the suit. That application was dismissed by the trial court, by an order dated 11.08.2008 on a hyper-technical ground. THErefore, the petitioners are before this Court.