CMP No.18040 of 2022 allowed fourth petitioner's request to remain impleaded as respondent No.5 in the main appeal rather than appeal jointly with her deceased husband's side.
Retry the petition as Correctness Misc. Petition (CMP) No. 18040 of 2022 in AS No. 1033 of 2012;
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CMP No.18040 of 2022 in AS No.1033 of 2012
R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
(Order of the Court was made by R.SUBRAMANIAN, J.)
Accepting the reasons assigned in the affidavit filed in support of the petition, this petition is allowed. However, the fourth petitioner, who is the wife of the deceased first respondent who figured as the defendant in the suit cannot be arrayed as an appellant along with appellants 1 to 3 in the main Appeal, inasmuch as she cannot take a plea against the plea taken by her husband in the suit.
2 . Hence the fourth petitioner Janava wife of Ilayaperumal is impleaded as the respondent in the Appeal and ranked as respondent No.5. The vakalat of the fourth petitioner in favour of the counsel for the petitioner in this petition is revoked and the Registry is directed to send notice to her in
the Appeal requiring her to enter appearance through another counsel.
Post after two weeks.
jv
[R.S.M., J.] [R.S.V., J.] 01.04.2024
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R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
CMP No.18040 of 2022 in AS No.1033 of 2012
01.04.2024
2/2
Fourth Petitioner (Janava)
Main Appellants 1 to 3
Husband of Fourth Petitioner (First Respondent in Suit)
Appellants 1 to 3 (renamed)
Fourth Petitioner (Janava) (renamed)
R.SUBRAMANIAN
R.SAKTHIVEL
As recorded by the court registry
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