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2012 DIGILAW 2509 (MAD)

V. Dharmaraj v. Y. Rajeswari

2012-06-19

G.RAJASURIA

body2012
JUDGMENT:- 1. Animadverting upon the order dated 13.3.2012 passed by the Additional District Judge, Fast Track Court I, Chengalpattu in I.A.No.7 of 2012 in O.S.No.548 of 2004, this civil revision is filed. 2. Heard the learned counsel for the revision petitioner. 3. A thumbnail sketch of the germane facts absolutely necessary for the disposal of this civil revision petition, at the entertaining stage itself, would run thus: (i) The suit O.S.No.548 of 2004 was filed by the plaintiff- S.P. Venkatram, through his Power Agent. The suit was decreed, granting certain reliefs; as against which, the defendants preferred the appeal in A.S.No.61 of 2007. During the pendency of the appeal, the plaintiff/the respondent in the appeal died, however, no steps were taken to implead the LRs of the respondent in the appeal. Whereupon, the appellate Court dismissed the appeal. (ii) It appears, subsequently, V. Dharmaraj-the revision petitioner herein, the son of the deceased P. Venkatram, filed the I.A.No.7 of 2012 to get himself impleaded in the suit. Whereupon, the lower Court dismissed the said I.A. on the ground that no suit was pending and the petitioner has to work out his remedy in the proper way for withdrawal of the amount deposited in the Court and also for return of the documents. 4. Being aggrieved by and dissatisfied with the same, this revision is focused. 5. I would like to shed light on the point that the question of invoking Order XXI Rule 3 of CPC does not arise in this case, because the suit was already disposed of and the relief also was granted in favour of S.P. Venkatram, while he was alive. 6. It appears, only at the appellate stage, the said Venkatram died and his LR was not impleaded, whereupon the appeal was disposed of. Hence in such a case, it is open for the legal heir of the deceased Venkatram to straight away file necessary application for withdrawal of the amount with necessary evidence to establish his heirship and it is for the Court, at that time to get itself satisfied about the genuineness of the claim of the petitioner, as the legal heir of the deceased Venkatram and accordingly pass suitable orders. 7. The civil revision petition is disposed of accordingly. However, there is no order as to costs.