The Executive Officer v. A.S. Manavala Chetty

C.M.P.No.2423 of 2023 in S.A.No.1140 of 2013 P.T.ASHA.J The above second appeal arises out of a suit O.S.No.8692 of 1997 filed by the deceased 1st respondent on the file of the V Assistant Judge, City Civil Court, High Court, Madras.

2.

The 1st respondent had filed the suit in a representative capacity. He has passed away on 14.02.2010. Therefore, the plaintiff remains un-represented before this Court. The appellant has filed this petition to implead the respondents 6 to 16 as respondents 7 to 16 in the above second appeal in the place of the deceased 1st respondent.

3. It is brought to the notice of this Court that the respondents 8 to 14 are today functioning as trustees, though the Board has not recognised him. However, the entire activity is being carried out by the respondents 8 to 14 alone. Therefore, there is no necessity to implead any other persons other than respondents 8 to 14 in the place of the deceased 1st

respondent. Respondents 6 and 7 are sought to be impleaded as the legal heirs of the deceased 1st respondent. The presence of the respondents 6 and 7 as legal representatives is not required, as the deceased has himself filed the suit only in a representative capacity. Likewise, respondents 15 and 16 are sought to be impleaded as persons belonging to the community. Considering the fact that the respondents 8 to 14 are the persons who are now acting as trustees, their presence would suffice.

4.

In view of the above, C.M.P is partly allowed by impleading the respondents 8 to 14 in the place of the deceased 1st respondent as respondents 7 to 13 in the above second appeal. The Registry is directed to carry out the necessary amendment. 5.

The second appeal is ripe for arguments and post the same for hearing on 24.03.2023.

28.02.2023

srn P.T.ASHA.J srn C.M.P.No.2423 of 2023 in S.A.No.1140 of 2013

28.02.2023