Allowed

Ganesh Ram Patel and 3 Others v. K.Swamnidos Augustine and 6 Others

Madras HC18 Jul 2022A/2239/2022

Case brief

AI extract

What is this about?

The High Court allowed an application to implead five additional respondents (RRs 5, 6, and 7) as parties 5th to 7th in an original suit withdrawal application (A.No.2137 of 2022). The Court found service notices delivered and the existing counsel raised no objection, expressly allowing the impleadment within a week.

What did the court decide?

Direction to implead respondents 5, 6, and 7 as respondents 5th, 6th, and 7th in A.No.2137 of 2022.

Ganesh Ram Patel and 3 Others Vs K.Swamnidos… — Civil Procedure and Limitation | Madras HC (2022)

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A.No.2239 of 2022 in A.No.2137 of 2022 & CS.No.283 of 2021

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KRISHNAN RAMASAMY, J.,

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This application has been filed to implead the 5^th to 7^th respondents

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as respondents 5^th to 7^th in A.No.2137 of 2022. The A.No.2137 of 2022

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has been filed to withdraw O.S.No.4443 of 2019 pending on the file of the XVI Additional City Civil Court, Chennai and transfer the same to the file of this Court, wherein, the proposed respondents 5 to 7 are the defendants.

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2.The learned counsel for the applicants/plaintiffs has submitted that by over site, that the respondents 5 to 7 were not impleaded in A.No.2137 of 2022, which has been filed to withdraw O.S.No.4443 of 2019 pending on the file of the XVI Additional City Civil Court, Chennai and transfer the same to the file of this Court. Therefore, the present A.No.2239 of 2022 has been filed to implead the 5^th to 7^th respondents as respondents 5^th to 7^th in A.No.2137 of 2022.

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https://www.mhc.tn.gov.in/judis

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3.Service of notice with respect of RR5 to 7 has been effected.

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Mr.S.D.Venkateswaran, learned counsel for the respondents 6 & 7 has submitted that two times private notice has been taken to the fifth respondent and the same was returned with a postal endorsement that “intimation delivered”. The learned counsel has also filed an affidavit of service to that effect.

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4.Mr.J.Saravana Vel, learned counsel for the respondents 1 & 2 has no objection in allowing this application.

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5.In view of the above, in the interest of justice, this Court feels it appropriate to allow this application. Accordingly, this application is allowed. The applicants/plaintiffs are directed to take necessary steps to implead the 5^th to 7^th respondents as respondents 5^th to 7^th in A.No.2137 of 2022, within a weeks time.

18.07.2022

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https://www.mhc.tn.gov.in/judis

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KRISHNAN RAMASAMY, J.,

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