Application by the daughter of the deceased sole proprietrix to be substituted as a proper party despite the proprietor's previous ex parte order and death before filing a set-aside application. Application allowed to enable amendment of plaint.
Application allowed; directions to amend plaint; Registry to list the matter.
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A.No.1336 of 2022 in C.S.No.397 of 2005
A.No.1336 of 2022 in C.S.No.397 of 2005
V.BHAVANI SUBBAROYAN, J.,
The present application is filed by Mrs.Vijaya, who is the daughter of Mrs. Rajam, sole proprietrix of 1st defendant company, to substitute her name in the place of Mrs.Rajam, deceased.
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A.No.1336 of 2022 in C.S.No.397 of 2005
proper and necessary party to decide the issue involved in the present suit, has filed the present application and pleaded to allow the same.
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A.No.1336 of 2022 in C.S.No.397 of 2005
Admittedly, the applicant's mother, viz., Rajam was set exparte on 16.08.2021 and she was the sole proprietrix of the 1st defendant firm. Thereafter, application was filed to set aside the same with condone delay and written statement. The same were returned by the Registry on 02.08.2021 for certain compliances and the same was represented, again the same was returned. In the meanwhile, the said Rajam died on 01.09.2021. Therefore, the application and written statement could not be represented. Thereafter, a memo was filed along with the death certificate and legal heir certificate on 06.09.2021.
This Court finds some force in the submission of the learned counsel for the applicant and being satisfied with the reasons stated in the affidavit filed in support of the present application, particularly, at paragraph No.2, and with a view to render justice, this Court is inclined to allow the application.
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A.No.1336 of 2022 in C.S.No.397 of 2005
Accordingly, this application is allowed. The learned counsel on either side are directed to carryout the amendment in the plaint and the necessary documents shall be represented after serving amended copy of the plaint. Registry is directed to list the matter on 17.06.2022.
19.04.2022
ssd
V.BHAVANI SUBBAROYAN, J,
ssd
C.S.No.822 of 2008
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A.No.1336 of 2022 in C.S.No.397 of 2005
19.04.2022
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2 issues framed by the court
Whether an application to substitute a deceased sole proprietrix as a proper party should be allowed despite the fact that the sole proprietrix had been set aside ex parte and had died before initiati
Whether leaving aside the requirements of Order 22 Rule 4(4) CPC, the application to implead the legal heir of the deceased proprietrix can be allowed on a case-to-case basis.
1 provisions across 1 enactments
Vijaya
Mrs. Vilaswami Rajam
VBHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
