It is found that the suit, in O.S.No.269 of 2011, has been laid by the plaintiff for partition. During the progress of the suit, the plaintiff having died, her legal heirs have come forward with an application to add them as plaintiffs 2 to 4 to continue the suit further. In the said application, notice has been taken by the defendants and the defendants have not disputed that the proposed parties are not the legal heirs of the deceased plaintiff. However, it is the contention of the defendants that there are other legal heirs of the deceased plaintiff and they should also be brought on record in the suit. However, the said contention of the defendants has not been admitted by the opponent party. In such view of the matter, it is found that as rightly determined by the Court below, the defendants have to establish that other than the proposed parties, even the persons, who are named by the defendants, are also the legal heirs of the deceased plaintiff. The defendants having failed to establish the same prima facie by producing any material to enable the Court to accept their contention, it is found that as rightly determined by the Court below, the defendants, without any basis, have raised a plea that there are other legal heirs of the deceased plaintiff to be brought on record. In the light of the above position, it is found that the Court below had, on the facts stated above, entertained the application preferred by the proposed parties to come on record as the legal heirs of the deceased plaintiff as plaintiffs 2 to 4.
2. In the light of the above position, I do not find any error or mistake in the order of the Court below and hence, the impugned order does not call for any interference from this Court. Resultantly, the civil revision petition is dismissed. Consequently, connected civil miscellaneous petition is closed.
To:
The District Munsif, Palani.
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