Allowed

M/s.Chellamuthu Devar Films v. Nic Arts and 5 others

Madras HC23 Feb 2024A/5695/2023

Case brief

AI extract

What is this about?

Applications by the plaintiff to set aside abatement of suits following the death of the first defendant and to implead the legal heirs. The court allowed the applications, rejected the fifth respondent's objections but left liberty to raise maintainability objections in the written statement or under Order VII Rule 11 CPC, and permitted correction of the fourth respondent's name.

What the court decided

AI extract

M/s.Chellamuthu Devar Films Vs Nic Arts and 5… — Civil Procedure and Limitation | Madras HC (2024)

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A. Nos.5695 and 5696 of 2023 in C.S. No.567 of 2015 and C.S. No.568 of 2015

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A. Nos.5695 and 5696 of 2023 in C.S. No.567 of 2015 and C.S. No.568 of 2015

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ABDUL QUDDHOSE,J.

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These applications have been filed by the plaintiff seeking to set aside the abatement caused due to the death of the first respondent/first defendant and to bring on record the respondents 4 to 6 as the legal representatives of the deceased first respondent/first defendant, pending disposal of the suit.

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2.Counter affidavit has been filed by the fifth respondent in these applications.

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3.This Court has perused and examined the counter affidavit filed by the fifth respondent in these applications. Since the applicant/plaintiff desires only to set aside the abatement caused due to the death of the first respondent/first defendant and to bring on record the legal heirs of the deceased first respondent/ first defendant, the objections raised by the fifth respondent in these applications through counter affidavit are rejected.

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4.However, liberty is granted to the respondents to raise all objections with regard to the maintainability of the suit claim against them in the main suit by

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https://www.mhc.tn.gov.in/judis 1/2

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A. Nos.5695 and 5696 of 2023 in C.S. No.567 of 2015 and C.S. No.568 of 2015

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ABDUL QUDDHOSE,J.

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vga

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filing a written statement and if necessary by filing an application under Order VII Rule 11 C.P.C. seeking for rejection of plaint.

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5.Accordingly, both these applications are allowed as prayed for. Learned counsel for the applicant/plaintiff is directed to carry out the amendment accordingly.

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6.The Memos in both the applications have been filed by the applicant/ plaintiff seeking correction of the name of the fourth respondent.

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7.This Court is satisfied with the Memos filed by the learned counsel for the applicant/plaintiff.

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8.Accordingly, the applicant/plaintiff is permitted to correct the name of the fourth respondent in A.Nos.5695 and 5696 of 2023 in terms of the Memos dated 22.02.2024.

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23.02.2024

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vga

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Note: Post the suits on 11.03.2024. A. Nos.5695 and 5696 of 2023 in C.S. No.567 of 2015 and C.S. No.568 of 2015

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https://www.mhc.tn.gov.in/judis 2/2

M/s.Chellamuthu Devar Films v. Nic Arts and 5 others

Case brief

What is this about?

What the court decided

M/s.Chellamuthu Devar Films v. Nic Arts and 5 others

Case brief

What is this about?

What the court decided

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