Sp.Ramamoorthy v. M/S.Sujatha, Partner M/S.Sujatha Bio Tech And 4 Others

A.Nos.2537 to 2539 of 2021 in C.S (Comm.Div.).No.322 of 2020 Dr.G.JAYACHANDRAN,J.

Pending suit, the 2nd defendant Mr.C.K.Rajkumar, Partner of M/s.Sujatha Bio-Tech, passed away on 07.10.2020. Therefore, the present applications are taken out (i) to condone the delay of 136 days in filing the application to set aside the abatement (ii) to set aside the abatement and (iii) to bring on record the legal representatives of the deceased 2nd defendant.

2. Considering the nature of the suit, the relief sought and the fact that one of the legal heirs of the deceased 2nd defendant has already been on record, the delay in filing the application to set aside abatement is allowed.

Consequently, the applications to set aside the abatement and to bring the proposed respondents 4 to 6 on record as the defendants 3 to 5 are allowed.

3. The plaintiff is directed to file the amended plaint copy.

23.08.2021 rpl 2/2 Note: Registry is directed to carry out necessary amendment in the plaint.

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