Mrs.v.Devika v. R.Venkatesan
Case brief
What is this about?
The court allowed the application to implead the legal representatives of the deceased second defendant as proposed defendants Nos. 5 and 6, noting substantiated details via death and heirship certificates, and directed suit amendment.
What did the court decide?
Application allowed; plaintiffs directed to amend suit by 23.11.2016; matter referred to Master for service of summons on proposed defendants Nos. 5 and 6.
What the court decided
1
A. N o . 57 7 0 of 20 1 6
IN
C. S . N o . 57 9 of 20 0 9
C. V . K A R T H I K E Y A N , J.
This application has been filed to bring on record the legal representatives
of the deceased second defendant.
2. It is seen that the widow of the second defendant is already a party to the proceedings and shown as third defendant. By this application, the plaintiffs seek to implead as proposed defendant Nos. 5 and 6, two sons of the deceased second defendant. Memo had been filed by the third defendant giving the details of the legal heirs and the memo was presented before this Court only on 17.10.2016. From 17.10.2016, without any delay on 25.10.2016, this application
has been made.
3. Taking into consideration, the bona fides of the plaintiffs and also the
fact that the details are substantiated by filing a copy of the death certificate and legal heirship certificate, this application is allowed.
Issues for consideration
1 issue framed by the court
Whether the plaintiffs are entitled to implead the legal representatives of the deceased second defendant as proposed defendants No. 5 and 6.
Parties & counsel
- applicant
Plaintiffs
- intervenor
Legal Representatives
Coram
C. V. Karthikeyan, J.
Case details
As recorded by the court registry
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