The sole plaintiff in a testamentary suit for Letters of Administration died. No appearance was made on her behalf or by legal heirs. The court dismissed the suit for non-prosecution.
Dismissal of the testamentary original suit for non-prosecution.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 22.10.2024
CORAM:
THE HON`BLE MR.JUSTICE A.A.NAKKIRAN
T.O.S.No.18 of 2014 (O.P No.765 of 2012)
10.Melvin Sagayaraj 11. D. George 12. D. Jancy 13. Sagayarani ..Defendants
( Defendants 2 to 13 being the legal heirs of the deceased E. Agnes Mary Sole defendant impleaded as defendants 2 to 13 as per the common order made in A.No.1577 to 1579 of 2023 dated 17.03.2023 and time extended by order dated 21.08.2023)
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Prayer
Prayer : Testamentary Original Suit is filed under Sections 232 and 276 of Indian Succession Act XXXIX of 1925, praying for the grant of Letters of Administration. As per order of this court dated 17.06.2014 in OP.No.765 of 2012, the Original Petition is directed to be converted into Testamentary Original Suit.
For Plaintiff : No appearance For Defendants : No appearance
J U D G M E N T
Earlier, when this Suit was posted on 15.10.2024 for hearing, the learned counsel for the plaintiff has submitted that the sole plaintiff died. Hence, this Court has posted the matter today for taking steps to bring on record the legal heirs of the deceased sole plaintiff.
Gv 22.10.2024
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A.A.NAKKIRAN,J.
gv
T.O.S.No.18 of 2014 (O.P No.765 of 2012)
22.10.2024
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1 issue framed by the court
Should the testamentary original suit be dismissed for non-prosecution after the sole plaintiff died and no legal heirs appeared on record?
1 provisions across 1 enactments
Victoria Rani
E. Agnes Maary (deceased)
E. Alexander
E. Johnson
E. Xavier
Mary Elizabeth
A.A. Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
