Revision against dismissal of an application to implead legal representatives of a deceased defendant in a pending injunction suit. Holding that since some heirs were already on record there was no abatement, no condonation of delay was needed, and the left-out heirs were brought on record.
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C.R.P. No.492 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P. No.492 of 2019
V.N. Devadoss S/o. Late P.V. Narasimhan ... Petitioner
vs.
Jayammal (died)
[12th and 13th respondents brought on record as legal representatives of 1st and 2nd respondents respectively vide orders dated 01.03.2023 passed in C.M.P. Nos.300 to 302 of 2023 and 303,305 and 313 of 2023 respectively] ... Respondents
Prayer: Civil Revision Petition filed under Article 227 of Constitution of
India, praying to set aside the fair and decreetal order dated 12.09.2018 made
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in I.A. No.974 of 2017 in O.S. No.136 of 2004 on the file of the learned II
Additional District Judge, Tiruvallur at Poonamallee.
For Petitioner : Mr.V. Ayyapparaja For Respondents : R1 & R2 – died No appearance [for R1 to R3]
Dr. S. Suriya Government Advocates [for R4 & R5]
Mr. Sunil Prakash for M/s. T. Viswanatha Rao
[for R6 to R11]
Not ready in notice [for R12 & R13]
O R D E R
The Civil Revision Petition is filed challenging the order passed by the
Trial Court dismissing the application filed by the petitioner to implead the respondents 6 to 11 who are all the legal representatives of the deceased Jayammal / 1st defendant in the Suit.
against the respondents 1 to 5 in O.S. No.136 of 2004. Pending suit, the 1st defendant Jayammal died. Some of the original heirs of Jayammal were
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already on record as defendants 2 and 3. The instant applications have been filed to bring the other legal representatives of deceased Jayammal on record. One of the son of Jayammal namely M.K. Janarthanam, pre-deceased her leaving behind the respondents 6 to 8 as his legal representatives. Another daughter of Jayammal namely Janobai died in the year 2017 leaving behind the respondents 9 to 11 as her legal representatives. Therefore the instant applications have been filed to implead the respondents 6 to 11 who are other legal representatives of deceased Jayammal. The said application has been dismissed by the Trial Court mainly on the ground of delay.
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on record the other legal representatives. Allowing of the Civil Revision Petition to bring on record the other legal representatives, will not cause any prejudice to the petitioner.
Index : Yes / No
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Speaking order : Yes / No Neutral Citation : Yes / No mjs
To The II Additional District Judge, Tiruvallur at Poonamallee.
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C.R.P. No.492 of 2019
S.SOUNTHAR, J.
mjs
C.R.P. No.492 of 2019
13.03.2024
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1 issue framed by the court
Was the Trial Court justified in dismissing the petition to implead the left-out legal representatives of the deceased first defendant on the ground of delay?
V.N. Devadoss
Jayammal
M.K. Deenadayalu
M.K. Thulasidharan
M/s. Murali Brick Works
The Sub Registrar, Konnur
S. Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
