Abimanna Gounder v. Perumal Gounder

C.M.P.No. 3406 of 2022 in S.A. No. 412 of 2003 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to bring on record the proposed respondents 5 to 7 herein as legal representatives of deceased 1st respondent.

2. Mrs.R.Meenal, learned counsel for petitioner/appellant submitted that pending appeal, 1st respondent died on 12.11.2021. She would submit that the proposed respondents are his legal heirs and so, the cause of action survived on all of them. Hence, it is just and necessary to bring them on record. Accordingly, she has filed the above petition.

3. Mr.S.Kaithaimalai Kumaran, learned counsel for respondents 5 to 7 appeared and he has raised formal objections in allowing this petition.

4. On considering the facts and circumstances and being satisfied with the reasons assigned in the affidavit, this Court is inclined to allow this petition. The proposed legal representative of the 1st respondent is impleaded as respondents 5 to 7 in the above Second Appeal. The Registry is directed to carry out the necessary amendment in the cause title.

5. Post the matter on 22.11.2024.

05.11.2024 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P.No. 3406 of 2022 in S.A. No. 412 of 2003 05.11.2024 https://www.mhc.tn.gov.in/judis