Single judge allowed an application to implead legal heirs of a deceased plaintiff as necessary parties in pending testamentary order suit, directing amendment of the plaint and listing for next date.
Application to implead legal heirs of deceased 2nd plaintiff as necessary parties allowed; plaint amendment directed; matter listed on 28.04.2022.
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A.No.1540 of 2022 in T.O.S.No.2 of 2022 and C.S.No.364 of 2019
V. BHAVANI SUBBAROYAN, J.
Application No.1540 of 2022 has been filed to bring on record the applicants 5 to 9 as plaintiffs 6 to 10 in T.O.S.No.2 of 2022 on the file of this Court as legal heirs of the deceased 2nd plaintiff.
2.Heard learned counsel for the applicant and the learned counsel for the respondents.
3.On perusal of affidavit, it is seen that the second plaintiff viz., Muthukrishnan had died on 19.08.2021 leaving behind the applicants 5 to 9/proposed plaintiffs 6 to 10 as his legal heirs. The proposed plaintiffs 6 to 10 are necessary parties to the proceedings. If they are not impleaded as plaintiffs 6 to 10, they will be put to great hardship and they will be in prejudice. Though the second plaintiff had died on 19.08.2021, in view of excluding of limitation period for all the proceedings by the Hon'ble Supreme Court from 15.03.2020 to 28.02.2022 there need not be an application for condonation of delay.
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V. BHAVANI SUBBAROYAN, J.
Pam
5.Learned counsel for the plaintiff is directed to carry out the necessary amendment.
6.Post the matter on 28.04.2022.
07.04.2022
pam
A.No.1540 of 2022 in T.O.S.No.2 of 2022 and C.S.No.364 of 2019
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Applicant No. 1
V. BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
