Geetha v. Senthamaraikannan

C.M.P.No.486 of 2015 in S.A.No.1888 of 2001 P.R.SHIVAKUMAR.J., The second appeal was filed by seven persons ranked as appellants 1 to 7. Out of them, Rajasekaran, who ranked as 4th appellant, is reported dead. The present petition has been filed by his wife and son to get them impleaded as co-appellants in their capacity as legal representatives of deceased Rajasekaran. In fact, the present petition has been filed through the very same counsel engaged by the original appellants including the surviving appellants. However, the petition came to be filed in the name of the petitioners alone showing the surviving appellants in the respondents column. When there is no dispute, they ought to have joined with the petitioners in filing the petition.

However, the technical flaw shall not deter this Court from passing necessary orders as the surviving appellants, who are shown as respondents 1 to 3 and 5 to 7 are represented by the very same counsel who represents the petitioners. The said respondents /surviving appellants do not have any objection for co-opting the petitioners as appellants and ranking them as Appellants Nos.8 and 9 in the second appeal. Mr.A.Muthukumar, learned counsel for Jaya, who is shown as the 8th respondent in the petition/the sole respondent in the second appeal submits that the said respondent does not have any objection.

P.R.SHIVAKUMAR.J gpa Hence, this petition is allowed and the petitioners are impleaded as appellants 8 and 9 in the second appeal.

01.10.2015 gpa C.M.P.No.486 of 2015 in S.A.No.1888 of 2001