1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION(PD)(MD) No.96 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 Sankarapandian .. Petitioner Vs. The Government Pensioners Association Tirunelveli District (Regn. No.10/1970 and 15/1983) represented by its President in charge A.Eswaramoorthy, Palayamkottai, Tirunelveli. .. Respondent M.Sakkaraiah (died) .. sole defendant in the suit Prayer: Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 10.11.2010 passed in Interlocutory Application No.1668 of 2010 in Interlocutory Application No.568 of 2010 in Original Suit No.597 of 2008 by the Principal District Munsif Court, Tirunelveli. For Petitioner : Mr.M.S.Jawaharlal ORDER Challenge in this Civil Revision Petition is to the order dated 10.11.2010 passed in Interlocutory Application No.1668 of 2010 in Interlocutory Application No.568 of 2010 in Original Suit No.597 of 2008 by the Principal District Munsif Court, Tirunelveli. 2. The first respondent herein as plaintiff has instituted Original Suit No.597 of 2008 on the file of the Court below for the relief of perpetual injunction, wherein one M.Sakkaraiah has been shown as sole defendant. During pendency of the same, he passed away and in order to implead the revision petitioner herein as second defendant, Interlocutory Application No.568 of 2010 has been filed and the same is pending and in the meanwhile, the petition in question has been filed in Interlocutory Application No.1668 of 2010 so as to permit the respondent herein to produce the documents mentioned therein and the Court below has allowed the same Against the order passed by the Court below, the present Civil Revision Petition has been preferred. 3. Considering the nature of the order passed by the Court below, notice need not be sent to the respondent and this Civil Revision Petition is disposed of on merits at the stage of admission. 4. The learned counsel appearing for the revision petitioner has contended that Original Suit No.597 of 2008 has been instituted for the relief of perpetual injunction and after the demise of the sole defendant, https://hcservices.ecourts.gov.in/hcservices/ 2 the cause of action mentioned in the plaint goes out and in the place of deceased defendant the revision petitioner herein cannot be impleaded and in order to implead him, the petition filed in Interlocutory Application No.568 of 2010 has been pending and the petition in question has been filed in Interlocutory Application No.1668 of 2010 so as to permit the respondent to produce the documents mentioned therein and the Court below without disposing of Interlocutory Application No.568 of 2010 has erroneously allowed Interlocutory Application No.1668 of 2010 and therefore the impugned order passed by the Court below in Interlocutory Application No.1668 of 2010 is liable to be set aside. 5. As pointed out by the learned counsel appearing for the revision petitioner, Original Suit No.597 of 2008 has been instituted for the relief of perpetual injunction. During pendency of the same, the sole defendant has passed away. In order to implead the revision petitioner herein as defendant, the petition filed in Interlocutory Application No.568 of 2010 is pending. During pendency of the same, the petition in question has been filed in Interlocutory Application No.1668 of 2010 so as to permit the first respondent/plaintiff to produce the documents mentioned therein. As rightly pointed out by the learned counsel appearing for the revision petitioner, the Court below without disposing Interlocutory Application No.568 of 2010 has erroneously allowed Interlocutory Application No.1668 of 2010. The only point which involves in Original Suit No.597 of 2008 is as to whether the cause of action survives after the demise of the sole defendant. Therefore it is needless to say that Interlocutory Application No.568 of 2010 has to be disposed of first and then Interlocutory Application No.1668 of 2010 has to be considered. The Court below without considering the above legal point and also without disposing of Interlocutory Application No.568 of 2010 has erroneously disposed of Interlocutory Application No.1668 of 2010 and therefore the order passed by the Court below is liable to be set aside and the matter is liable to be remitted to the file of the Court below. 6. In fine, this Civil Revision Petition is allowed without costs at the stage of admission and the impugned order passed in Interlocutory Application No.1668 of 2010 in Original Suit No.597 of 2008 by the Principal District Munsif Court, Tirunelveli is set aside and Interlocutory Application No.1668 of 2010 is remitted to the file of the Court below. The Court below is strictly directed to dispose of Interlocutory application No.568 of 2010 in Original Suit No.597 of 2008. Consequently, connected Miscellaneous Petition is closed. Sd/- Deputy Registrar(Accounts) /TRUE COPY/ Assistant Registrar To The Principal District Munsif, Tirunelveli. C.R.P(PD)(MD)No.96 of 2011 and M.P(MD)No.1 of 2011 20.01.2011 smn PA/02.02.2011/2P/2C https://hcservices.ecourts.gov.in/hcservices/