A.Shantha Kumar Vs a.Dhanaeswaran (Deceased) 1.A.Padmakumar alias Padmanabhan and 10 others — Madras HC (2025) — LawSathi Research

A.Shantha Kumar Vs a.Dhanaeswaran (Deceased) 1.A.Padmakumar alias Padmanabhan and 10 others — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Mrs.Vasanthi, Mr.Lakshmi Narayanan and Mrs.Suganthi brought on record as legal representatives of the deceased 3rd Defendant/3rd Respondent T.Komaleeswari and impleaded as Defendants 12, 13 and 14 in T.O.S.No.50 of 2016 (O.P.No.419 of 2013); Registry to amend the cause title of the plaint; Applicant/Plaintiff to file clean amended plaint within one week.

Issue for consideration

Whether Mrs.Vasanthi, Mr.Lakshmi Narayanan and Mrs.Suganthi should be brought on record as the legal representatives of the deceased 3rd Defendant/3rd Respondent T.Komaleeswari and impleaded as Defendants 12, 13 and 14 in T.O.S.No.50 of 2016 (O.P.No.419 of 2013).

Court's answer

The application is allowed: having regard to the reasons in the supporting affidavit and the no objection of counsel for Respondents 6 to 8, Mrs.Vasanthi, Mr.Lakshmi Narayanan and Mrs.Suganthi are brought on record as legal representatives of the deceased 3rd Defendant/3rd Respondent T.Komaleeswari and as Defendants 12, 13 and 14.

Ratio / Principle

The Registry is directed to carry out the necessary amendment in the cause title of the plaint in T.O.S.No.50 of 2016 (O.P.No.419 of 2013).

Key takeaways

The learned counsel for the Applicant/Plaintiff is directed to file a clean copy of the amended plaint in T.O.S.No.50 of 2016 (O.P.No.419 of 2013) within one week.ratio¶47

Detailed headnote1 paragraphs

Madras High Court (C. Saravanan, J.), by order dated 07.04.2025, allowed Application No.1740 of 2025 in T.O.S.No.50 of 2016 (O.P.No.419 of 2013), filed under Order XIV Rule 8 of the O.S. Rules read with Order XXII Rule 4 and Section 151 of the C.P.C., directing that Mrs.Vasanthi, Mr.Lakshmi Narayanan and Mrs.Suganthi be brought on record as the legal representatives of the deceased 3rd Defendant/3rd Respondent T.Komaleeswari and impleaded as Defendants 12, 13 and 14. Counsel for Respondents 6 to 8 raised no serious objection. The Registry was directed to amend the cause title of the plaint, and the Applicant/Plaintiff was directed to file a clean copy of the amended plaint within one week.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.04.2025

Coram

The Honourable Mr.Justice C.SARAVANAN

Application No.1740 of 2025 in T.O.S.No.50 of 2016

A.Shantha Kumar

...Applicant

Versus

A.Dhanaeswaran (Deceased)

1.A.Padmakumar @ Padmanabhan T.Komaleeswari (Deceased) R.Vasantha Kumari (Deceased)

2.Mrs.Sivagami

3.Mrs.Shyamala

4.Mr.Narendran

5.Mrs.Rekha

6.Mrs.R.Girija

7.R.Swetha

8.R.Venkat

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9.Mrs.Vasanthi

10.Mr.Lakshmi Narayanan

11.Mrs.Suganthi

...Respondents

Prayer:

Application filed under Order XIV Rule 8 of O.S. Rules r/w. Order XXII Rule 4 r/w. Section 151 of C.P.C praying to bring on record the following persons viz.,

(1) Mrs.Vasanthi (Daughter), 9^th Respondent herein

(2) Mr.Lakshmi Narayanan (Son), 10^th Respondent herein and

(3) Mrs.Suganthi W/o.Mr.Moorthy (Daughter), 11^th Respondent herein

as the Legal Representatives of the deceased 3^rd Defendant/3^rd Respondent viz., T.Komaleeswari and as Defendants 12, 13 and 14 in the above Testamentary Original Suit in T.O.S.No.50 of 2016 (O.P.No.419 of 2013) on the file of this Court.

For Applicant : Mr.S.Mahimai Raj

For Respondents – 6 to 8 : Mr.K.S.Balaji Venkatesh for Mr.N.V.N.Margandeyan

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ORDER

This Application has been filed by the Applicant/Plaintiff praying to bring on record the following persons viz.,

(1) Mrs.Vasanthi (Daughter), 9^th Respondent herein

(2) Mr.Lakshmi Narayanan (Son), 10^th Respondent herein and

(3) Mrs.Suganthi W/o.Mr.Moorthy (Daughter), 11^th Respondent herein

as the Legal Representatives of the deceased 3^rd Defendant/3^rd Respondent viz., T.Komaleeswari and as Defendant Nos.12, 13 & 14 in T.O.S.No.50 of 2016 (O.P.No.419 of 2013) on the file of this Court.

The learned counsel for the Respondents 6 to 8 submitted that he

has no serious objection to this application being allowed.

Having been satisfied with the reasons stated in the affidavit filed

in support of this application and also, considering the no objection expressed by the learned counsel for the Respondents 6 to 8, this Application is allowed.

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Registry is directed to carry out the necessary amendment in the

cause title of the plaint in T.O.S.No.50 of 2016 (O.P.No.419 of 2013). The learned counsel for the Applicant/Plaintiff is directed to file a clean copy of the amended plaint in T.O.S.No.50 of 2016 (O.P.No.419 of 2013) within a period of one week from today.

07.04.2025

mrr

Index : Yes/No Speaking Order (or) Non Speaking Order

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C.SARAVANAN, J.

mrr

Application No.1740 of 2025 in T.O.S.No.50 of 2016

07.04.2025

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