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Madras High CourtA/1017/2023allowed

N.Kumaravel v. C.Narasimhan (Deceased) 1.Mrs.Neelavathi And 6 Others

2023-04-06Honourable Ms Justice R.N.Manjula2 pages

A.No.1017 of 2023 in C.S.No.376 of 2012 R.N.MANJULA,J.

This application has been filed by the first plaintiff to implead the 7th respondent as a party to the proceedings.

2. The learned counsel for the first plaintiff submitted that the suit has been filed for the relief of partition, in which, a portion of the suit property has been sold by some of the sharers in favour of the 7th respondent and hence, the applicant filed this application.

3. Since the 7th respondent is said to have purchased a portion of the property during the pendency of the suit and the suit has been filed for the relief of partition, I feel the 7th respondent can also be a necessary party. Notice sent to the 7th respondent has been returned as "refused to receive". Taking into consideration of the facts and the submissions made by the learned counsel for the first plaintiff and also the completion of service of notice, this application is allowed as prayed for.

4. The learned counsel for the applicant is directed to carryout the necessary amendments and file an amended copy of the plaint. 06.04.2023 gsk Page No.1 of 2 https://www.mhc.tn.gov.in/judis

R.N.MANJULA,J.

gsk A.No.1017 of 2023 in C.S.No.376 of 2012 06.04.2023 Page No.2 of 2 https://www.mhc.tn.gov.in/judis