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Madras High CourtA/2592/2021allowed

K.Muthu v. T.Amudan Antony (Deceased) And 10 Others

2021-08-04Honourable Mr Justice N. Seshasayee2 pages

A.No.2592 of 2021 in C.S.No.600 of 2011 A.No.2592 of 2021 in C.S.No.600 of 2011 N.SESHASAYEE.J., In this application, the learned counsel for the defendant raised an objection and stated that the second plaintiff was not the direct legal descendant of the first plaintiff, and that he now claims a share in the suit property by virtue of the Will dated 30.3.2020 executed by the first plaintiff.

2. The learned counsel for the plaintiffs submits that the other legal representatives of the plaintiffs have already filed their respective affidavits in support of the second plaintiff representing the estate of the first plaintiff in the suit.

3. After weighing the rival contentions, this Court requires the learned counsel for the plaintiffs to implead all the legal heirs of the first plaintiff. So far as the present application is concerned, this will stand allowed on its merit, but the proof of the Will under which he claims right, is left open. 1/2 https://www.mhc.tn.gov.in/judis/

A.No.2592 of 2021 in C.S.No.600 of 2011 N.SESHASAYEE.J., ds

4. The respondents 9 to 11 are shown are defendants and legal heirs of the deceased first plaintiff, but they were not sought to be impleaded. This Court now directs that they also be impleaded along with the second plaintiff in the suit as additional plaintiffs 5,6 &7. Counsel for the plaintiff is now required to carry out necessary amendment in the plaint within a period of two weeks.

04.08.2021 ds (1⁄2) A.No.2592 of 2021 in C.S.No.600 of 2011 2/2 https://www.mhc.tn.gov.in/judis/