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Madras High CourtA/2423/2023allowed

K.Sathya Bushanam. v. K.Prabhakaran (Deceased) 1.Mrs.Komalavalli And Another

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

A.Nos.2423, 2424 and 2425 of 2023 in T.O.S.No.5 of 2014 A.Nos.2423, 2424 and 2425 of 2023 in T.O.S.No.5 of 2014 R.N.MANJULA,J.

These applications have been filed seeking to condone the delay of 1114 days in filing the application to set aside the abatement caused due to the death of the sole defendant, to set aside the abatement and to bring on record the proposed respondents as legal heirs of the the deceased defendant.

2. Heard the learned counsel for the applicant/plaintiff.

3. Unless the legal heirs of the deceased defendant are added, it may not be possible to dispose of the suit effectively in the presence of necessary parties. Since these applications have been filed due to the death of the sole defendant, in the interest of justice, these applications are allowed.

4. The applicant / plaintiff is directed to file amendment application for carrying out amendment along with the amended copy of the plaint by 14.06.2023.

5. Post the main suit on 15.06.2023.

06.06.2023 vum https://www.mhc.tn.gov.in/judis 1/2

A.Nos.2423, 2424 and 2425 of 2023 in T.O.S.No.5 of 2014 R.N.MANJULA,J.

Vum A.Nos.2423, 2424 and 2425 of 2023 in T.O.S.No.5 of 2014 06.06.2023 https://www.mhc.tn.gov.in/judis 2/2