Madras High Court
Jayalakshmi vs Madhu @ Manonmani on 29 July, 2021
CRP.NPD.No.2422 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.NPD.No.2422 of 2018
and
CMP.No.14913 of 2018
1.Jayalakshmi
2.Saravana Kumar
3.Minor Sampath Kumar
Minor rep. by his next friend and mother
1st petitioner Jayalakshmi
Minor Jansirani (died) ..Petitioners
Vs.
1.Madhu @ Manonmani
2.Vetriselvi
3.Selvan
4.Ramesh
5.Santhalakshmi
6.Jayakumar
7.The Chief Educational Officer,
Office at Ganesa Colony,
Bye-pass Road,
Dharmapuri – 636 701
8.The Assistant Educational Officer,
Office at Railway Station Road,
Dharmapuri Taluk & District
9.The Special Officer,
Dharmapuri District Cooperative Sugar Mills Ltd.,
K.K.347, Palacode,
Dharmapuri District
10.The Branch Manager,
Indian Bank,
Dharmapuri
1/6
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CRP.NPD.No.2422 of 2018
11.The Branch Manager,
State Bank of India,
Dharmapuri
12.The Divisional Manager,
Life Insurance Corporation of India,
Coimbatore
13.The Branch Manager,
Life Insurance Corporation of India,
Dharmapuri Taluk & District ..Respondents
PRAYER:
The Civil Revision Petition is filed under Article 227 of the
Constitution of India against the fair and decretal order of the Principal
District Court at Dharmapuri dated 14.06.2018 in IA.No.42 of 2017 in
CRP.No.1 of 2003 in AS.No.42 of 1997.
For Petitioners : Mr.P.Valliappan
For Respondents
For R12 & 13: Mr.K.Chandu Suranjan
R1 to 11 : No appearance
ORDER
This Civil Revision Petition is filed against the fair and decretal
order of the Principal District Court at Dharmapuri dated 14.06.2018 in
IA.No.42 of 2017 in CRP.No.1 of 2003 in AS.No.42 of 1997.
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CRP.NPD.No.2422 of 2018
2. Though notice was served, no one appeared on behalf of the
respondents 1,4,6 to 11 before this Court in person or through
pleader.
3. The petitioners are the plaintiffs and the respondents are the
defendants. The petitioners filed suit for partition. The same was
dismissed and therefore, the petitioners also filed appeal suit in
AS.No.42 of 1997 and it was partly allowed by the judgment and
decree dated 24.02.1999. Thereafter, they filed review petition and
the review was allowed. Thereafter, the fourth minor Plaintiff died and
as such the petitioners filed petition seeking amendment in the decree
passed in AS.No.42 of 1997 and the CRP.No.1 of 2003. However, the
court below dismissed the same for the reason that the court below
has no power under Sections 151 and 152 of C.P.C. to amend the
decree.
4. Admittedly, the first petitioner is the only legal heir of the
deceased fourth plaintiff who was minor and died before her marriage.
So, except the first petitioner herein, no other legal heirs to the
deceased fourth plaintiff. As per Section 15 (1) (c ) of the Hindu
Succession Act, the first petitioner is being mother of the fourth
deceased minor plaintiff, is the only legal heir to succeed to the chair
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CRP.NPD.No.2422 of 2018
of the deceased fourth plaintiff. The court has inherent powers under
Section 151 of CPC to do complete justice between the parties. The
amendment sought for by the petitioners herein would not cause any
prejudice to the respondents and in respect of sharing the shares
which was originally allotted to the fourth defendant, can be shared
among the petitioners herein.
5. In view of the above, this civil revision petition is allowed and
the order of the Principal District Court at Dharmapuri dated
14.06.2018 in IA.No.42 of 2017 in CRP.No.1 of 2003 in AS.No.42 of
1997 is set aside. Consequently, connected miscellaneous petition is
closed. No order as to costs.
29.07.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
lok
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CRP.NPD.No.2422 of 2018
To
The Principal District Judge
at Dharmapuri
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.2422 of 2018
G.K.ILANTHIRAIYAN,J.
lok
CRP.NPD.No.2422 of 2018
29.07.2021
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