Chellammal And 8 Others v. Meenakshi And 2 Others

A.No.1540 of 2022 in T.O.S.No.2 of 2022 and C.S.No.364 of 2019 V. BHAVANI SUBBAROYAN, J.

Application No.1540 of 2022 has been filed to bring on record the applicants 5 to 9 as plaintiffs 6 to 10 in T.O.S.No.2 of 2022 on the file of this Court as legal heirs of the deceased 2nd plaintiff. 2.Heard learned counsel for the applicant and the learned counsel for the respondents.

3.On perusal of affidavit, it is seen that the second plaintiff viz., Muthukrishnan had died on 19.08.2021 leaving behind the applicants 5 to 9/proposed plaintiffs 6 to 10 as his legal heirs. The proposed plaintiffs 6 to 10 are necessary parties to the proceedings. If they are not impleaded as plaintiffs 6 to 10, they will be put to great hardship and they will be in prejudice. Though the second plaintiff had died on 19.08.2021, in view of excluding of limitation period for all the proceedings by the Hon'ble Supreme Court from 15.03.2020 to 28.02.2022 there need not be an application for condonation of delay. 1/2 https://www.mhc.tn.gov.in/judis

V. BHAVANI SUBBAROYAN, J.

Pam 4.Having satisfied with the reasons stated in this affidavit filed in support of this application and considering the submission made by the learned counsel for the applicant, this application is allowed. 5.Learned counsel for the plaintiff is directed to carry out the necessary amendment.

6.Post the matter on 28.04.2022.

07.04.2022 pam A.No.1540 of 2022 in T.O.S.No.2 of 2022 and C.S.No.364 of 2019 2/2 https://www.mhc.tn.gov.in/judis