Allowed

J.Naval Kishore v. Vimala Bai (Deceased) Manjula Bai (Decd) J.Mahendra Kumar (Decd) 1.Sushila Bai and 12 others

Madras HC2 Jun 2023A/2240/2023

Case brief

AI extract

What is this about?

Court allowed six applications to condone delays and set aside abatement of a suit due to death of defendants, directing plaintiff to file amended plaint and implead legal heirs.

What did the court decide?

Applications allowed; plaintiff directed to file amendment application along with amended plaint within two weeks.

What the court decided

J.Naval Kishore Vs Vimala Bai (Deceased)… — Civil Procedure and Limitation | Madras HC (2023)

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A.Nos.2240 to 2245 of 2023 in C.S.No.509 of 1994

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A.Nos.2240 to 2245 of 2023 in C.S.No.509 of 1994

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R.N.MANJULA,J.

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The following applications have been filed by the plaintiff in view of

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the death of the defendants 1 and 2:

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S.No.	Application Nos.	Relief sought for
1	A.No.2240 of 2023	To condone the delay of 12 days in filing the petition to set aside abatement caused due to the death of the 2^nddefendant.
2	A.No.2241 of 2023	To set aside the abatement caused due to the death of the 2^nddefendant.
3.	A.No.2242 of 2023	To bring on record the proposed respondents as the legal representatives of the deceased 2^nd defendant in the suit
4.	A.No.2243 of 2023	To condone the delay of 1167 days in filing the petition to set aside abatement caused due to the death of the 1^stdefendant.
5.	A.No.2244 of 2023	To set aside the abatement caused due to the death of the 1^stdefendant.
6.	A.No.2245 of 2023	To bring on record the proposed respondents as the legal representatives of the deceased 1^st defendant in the suit

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Heard the learned counsel for the plaintiff/applicant and the learned

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counsel appearing for the respondents.

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

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Page 1 of 2

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A.Nos.2240 to 2245 of 2023 in

C.S.No.509 of 1994

R.N.MANJULA,J.

vum

Unless the applications are allowed and the legal heirs of the deceased defendants are impleaded, the further progress of the suit is not possible. In order to clear the technical obstruction, I feel these petitions should be allowed and accordingly the applications are allowed.

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The applicant / plaintiff is directed to file amendment application for carrying out amendment along with the amended copy of the plaint within a period of two weeks.

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02.06.2023

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vum Note: Post the main suit after two weeks

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A.Nos.2240 to 2245 of 2023 in C.S.No.509 of 1994

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

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Page 2 of 2

J.Naval Kishore v. Vimala Bai (Deceased) Manjula Bai (Decd) J.Mahendra Kumar (Decd) 1.Sushila Bai and 12 others

Case brief

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What the court decided

J.Naval Kishore v. Vimala Bai (Deceased) Manjula Bai (Decd) J.Mahendra Kumar (Decd) 1.Sushila Bai and 12 others

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