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Madras High CourtCS/893/2005dismissed as abated

S.Shanmugham v. R.Kamala

2025-01-31Honourable Mr Justice Abdul Quddhose4 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31.01.2025

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE S. Shanmugham .... Plaintiff Vs

1. R. Kamala 1542, H-Block, 5th Street, 11th Main Road, Anna Nagar, Chennai - 40.

2. K. Rengaramanujam 1542, H-Block, 5th Street, 11th Main Road, Anna Nagar, Chennai - 40.

.... Defendants Prayer : PLAINT FILED UNDER ORDER VII RULE 1 OF THE CIVIL PROCEDURE CODE READ WITH ORDER 4 RULE 1 OF THE O.S. RULES prays for a judgment and decree, which are as follows :- i) Directing the defendants to pay to the plaintiff, the sum of Rs.1,94,83,500/- together with interest on the sum of Rs.93,00,000 at the rate of 18% per annum, from the date of plaint, till the date of realisation and ii) Directing the defendants to bear the costs of this suit 1/4

For Plaintiff : Ms. Aiswarya for M/s.S. Nathan JUDGEMENT This Court by its earlier order, dated 03.01.2025 made it clear that if the learned counsel for the plaintiff fails to file an application to bring on record the Legal Representatives (LR's) of the deceased plaintiff on or before the next hearing date, the suit shall stand automatically dismissed as abated.

2. The learned counsel for the plaintiff would now submit on instructions that the LR's of the deceased plaintiff are no longer interested in prosecuting the suit. But at the same time they are interested in refund of the Court fees paid in the suit. Since this Court in its earlier order dated 03.01.2025 had made it clear that if steps are not taken to bring on record the LR's of the deceased plaintiff, the suit shall stands automatically dismissed as abated. This Court cannot recall its earlier order and therefore necessarily since the application has not been filed to bring on record the LR's of the deceased plaintiff, till date, the suit has to be dismissed as abated. Accordingly the suit is dismissed as 2/4

abated. However, liberty is granted to the LR's if they so desire to file an application seeking to set aside the order of abatement and also seek for refund of Court fees. No costs.

31.01.2025 Index: Yes/ No Speaking order / Non speaking order vsi2 3/4

ABDUL QUDDHOSE, J.

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