Suresh Kumar Sharma v. Basanthi Bai

A.No.5061 of 2016 in C.S.No.418 of 2007 M.SUNDAR, J., Pending suit the 8th defendant died. Post preliminary decree applications to bring legal heirs of 8th defendant on record as respondents 10 to 15 in the final decree application and the application for appointment of Advocate Commissioner, namely, O.A.Nos.5498 of 2012 and O.A.No.5499 of 2012 have already been allowed by this Court on 20.03.2014 vide Application No.5925 of 2013. Now, the instant application is to bring them on record as defendants 10 to 15 in the main suit and to carry out consequential amendments.

2. Though it was pointed out by Mr.Kumaraswamy, learned counsel, who has instructions to appear on behalf of 11th respondent in the application that the earlier order would enure only to the benefit of the applications and cannot be used to incorporate them as defendants in the suit.

3. This Court is of the view that in the light of the averments made in the affidavit filed in support of the application and the submissions that were made at the Bar, this Application can be allowed and the same is allowed.

M.SUNDAR,J., ssd

4. Ms.Pramila, learned counsel submits that she has instructions to appear on behalf of defendants 12 to 15. The same is also recorded.

5. The requisite amendment and other procedural formalities shall be complied with within the stipulated time.

20.10.2016 1/2 ssd A.No.5061 of 2016 in C.S.No.418 of 2007