N.Umavathi v. N.Kumar
Case brief
What is this about?
Application to amend an appeal's cause title because a defendant attained majority between decree and filing of the appeal. The court verified her birth certificate and allowed the amendment.
What did the court decide?
Cause title amended to show 3rd defendant as major.
What the court decided
C.M.P.No.6091 of 2024 in
A.S.Sr.No.26796 of 2024
R.SUBRAMANIAN, J. AND R.SAKTHIVEL, J.
This application has been filed seeking acceptance of cause title since one of the defendants viz., 3rd defendant had attained majority after the disposal of the suit and before filing of the appeal.
2. From the Birth Certificate that has been produced it is seen that the 3rd defendant was born on 21st September 2005. She would complete the age of 18 years on 20th September 2023. The suit came to be disposed of on 28.07.2023 and this appeal was filed into this Court on 28th February 2024. It is therefore clear that the 3rd defendant in the suit had become a major between the date of decree and the date of filing of the appeal.
3. In view of the above facts, this application is allowed and the cause title as shown in the appeal describing the 3rd defendant as major is accepted.
[R.S.M., J.] [R.S.V., J.] 29.04.2024
dsa
Issues for consideration
1 issue framed by the court
Whether the cause title of the appeal could be amended to describe the 3rd defendant as a major, she having attained majority after the decree and before the appeal.
Parties & counsel
- applicant
3rd defendant (appellant in appeal)
Coram
R. Subramanian
R. Sakthivel
Case details
As recorded by the court registry
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