Single judge allowed an application to implead a legal heir as a plaintiff in a notice under Section 80 of CPC, permitting the suit to continue on behalf of the deceased original plaintiff.
Allowed application to bring applicant on record as legal representative and implead her as plaintiff to continue present suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No.2067 of 2020 in C.S.No.106 of 2011
A.No.2067 of 2020 in C.S.No.106 of 2011
C.V.KARTHIKEYAN J,
By an order dated 10.09.2020, A.No.1871 of 2020 which was an
application seeking to condone the delay of 249 days in filing application to bring on record the applicant herein as legal representative
of the sole plaintiff was allowed and the delay has been condoned.
filed to bring on record the applicant herein as the legal representative of
the sole plaintiff and to implead the applicant as a plaintiff.
representative of the original plaintiff Dr.S.Vijaya Bharathi. The plaintiff was a senior citizen residing in USA and was not able to travel to Chennai. She passed away on 22.11.2019. The relief is now sought
to implead the present applicant as plaintiff with permission to continue
the present suit on behalf of the deceased plaintiff.
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A.No.2067 of 2020 in C.S.No.106 of 2011
C.V.KARTHIKEYAN.J,
rna
also.
5. The fact that the present applicant is a legal heir can neither be
denied nor disputed. The right to continue the list survives to the legal
heirs. This application is allowed.
09.10.2020
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A.No.2067 of 2020
in C.S.No.106 of 2011
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Applicant (Legal Heir)
Respondents/Defendants
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
