The court allowed an application filed by the plaintiff to implead the fifth and sixth respondents as legal heirs of the deceased second defendant, directing plaint amendments.
Impleadment of fifth and sixth respondents as sixth and seventh defendants; amendment directions.
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A.No.4767 of 2022
A.No.4767 of 2022 in C.S.No.386 of 2019
SENTHILKUMAR RAMAMOORTHY, J.
This application is presented by the plaintiff to bring on record the fifth and sixth respondents as the legal heirs of the deceased second defendant. Notice was ordered in the said application. As regards the fifth respondent, the applicant filed an affidavit of service enclosing the returned postal cover with the endorsement 'refused'. As regards the sixth respondent, the applicant filed an affidavit of service enclosing the track consignment report evidencing service of notice on the sixth respondent. In spite of service of notice, the fifth and sixth respondents are not represented today.
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A.No.4767 of 2022
SENTHILKUMAR RAMAMOORTHY, J.
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allowed. Consequently, the fifth and sixth respondents herein are impleaded as the sixth and seventh defendants in the suit. The plaintiff is directed to carry out consequential amendments in the plaint on or before 30.01.2023 and serve a copy of the amended plaint on the other parties within a week thereafter.
04.01.2023
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A.No.4767 of 2022 in C.S.No.386 of 2019
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2 issues framed by the court
Whether the application to implead the legal heirs of the deceased second defendant is maintainable.
Whether the notice was validly served on the fifth and sixth respondents.
Plaintiff
Third Defendant
Fifth Respondent
Sixth Respondent
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
