P.P.Rajalinga Raja v. Parvathy Ayyavu and 2 Others
Case brief
What is this about?
The applicant sought attachment before judgment regarding the debt owed by the deceased Guruvan Ayyavu. The court noted the 3rd defendant was incorrectly impleaded as a daughter rather than daughter-in-law and that the application attached the 2nd defendant's individual property rather than the estate inherited. The application was dismissed as withdrawn with a direction to file a fresh applicatio
What the court decided
1
A.No.1961 of 2022 in C.S.No.19 of 2022
C.V.KARTHIKEYAN,J.
The suit had been filed for recovery of Rs.4,47,20,890/- out of which the principle sum according to the plaintiff is Rs.2,90,39,539/-. The original individual who was liable for such claim is Guruvan Ayyavu. Unfortunately, he died even prior to the institution of the suit. Since the cause subsisted, the plaintiff had instituted the suit against his legal representatives namely, his widow as the 1st defendant, his son as the 2nd defendant and whom the plaintiff claimed to be the daughter as the 3rd defendant.
2.I must place on record the statement made by Mr.S.Rajendra Kumar, learned counsel for the plaintiff who stated that the said description of the 3rd defendant is not correct and that she is actually a daughter-in-law. Naturally, she cannot be made liable since her husband and her mother-in-law are already parties to the suit and they class – I heirs. Necessary steps may be taken, therefore to delete the 3rd defendant as a party to the suit.
3.Mr.S.Rajendra Kumar, learned counsel, further stated that the plaintiff is not aware of the details of the other legal representatives, if any of Guruvan Ayyavu.
4.The learned counsel who had entered appearance on behalf of the https://www.mhc.tn.gov.in/judis
2
Issues for consideration
3 issues framed by the court
Whether the plaintiff can attach individual property of the 2nd defendant for the debt of the deceased original debtor.
Whether the 3rd defendant, who is a daughter-in-law, is a proper party to the suit for debt recovery.
Whether an application for attachment before judgment can be proceeded with when the applicant is unaware of available assets.
Parties & counsel
- applicant
Plaintiff
- respondent
1st Defendant (Widow of Guruvan Ayyavu)
- respondent
2nd Defendant (Son of Guruvan Ayyavu)
- respondent
3rd Defendant (Daughter-in-law of Guruvan Ayyavu)
Coram
Case details
As recorded by the court registry
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