Century Paper Ltd v. The Coronation Litho Works Ltd

Application No.5506 of 2010 in C.S.No.675 of 2005 KRISHNAN RAMASAMY, J., The present Application has been filed for bringing on record of Mrs.Leelavathy Dharmar, Mr.G.D.Natraj Prabhu, Mr.Gnanagiri Babu, Mrs.Vishalakshi, the respondents 6 to 9 herein, as the defendants 6 to 9 in C.S.No.675 of 2005.

2. The learned counsel for applicant/plaintiff submitted that the proposed respondents 6 to 9 herein are the legal representatives of the deceased third defendant viz., (i) Mrs.Leelavathy Dharmar - wife of deceased D3 (ii) Mr.G.D.Natraj Prabhu - son of deceased D3 (iii) Mr.Gnanagiri Babu - son of deceased D3 (iv) Mrs.Vishalakshi - daughter of deceased D3

3. The learned counsel would also submit that Mrs.Leelavathy Dharmar/proposed sixth respondent died in the year 2015 and also Mr.G.D.Natraj Prabhu/proposed seventh respondent was already arrayed as fifth defendant in the present suit.

4. Considering the submissions made by the applicant/plaintiff's counsel, this Court feels that it would be appropriate to allow this Application partly. Further this Court also noted that in the prayer of this Application it was wrongly stated by the applicant that the Application has been filed for bringing on record the respondents 6 to 9

KRISHNAN RAMASAMY, J., mrr herein as the defendants 6 to 9 in C.S.No.675 of 2005, instead of respondents 6 to 9 herein as the defendants 7 to 10 in C.S.No.675 of 2005 since already there are 6 defendants in the present suit. Taking note of the above aspect, the present Application is partly allowed to the extent that two legal representatives of the deceased third defendant viz., Mr.Gnanagiri Babu/proposed eighth respondent and Mrs.Vishalakshi/proposed ninth respondent alone are brought on record as defendant Nos. 7 & 8 in C.S.No.675 of 2005. So far Mrs.Leelavathy Dharmar/proposed sixth respondent and Mr.G.D.Natraj Prabhu/proposed seventh respondent are concerned, this Application is dismissed since there is no need to implead them as necessary parties in the suit.

5. The learned counsel for plaintiff is directed to carry out the necessary amendment in the plaint.

08.07.2019 mrr Application No.5506 of 2010 in C.S.No.675 of 2005

08.07.2019