Saraswathi And 3 Others v. S.Sundar Rajan And 2 Others

A.No.2540 of 2022 in C.S.No.215 of 2021 A.No.2540 of 2022 in C.S.No.215 of 2021 KRISHNAN RAMASAMY.J., This Application is filed to bring on record the legal heirs of Late S.Palani, who died on 07.05.2021 viz P.Vignesh/minor son and P.Pavithra/minor daughter represented by their legal guardian S.Dhanapal in the suit C.S.No.215 of 2021 on the file of this Court and rank them as plaintiffs 4 and 5 respectively.

2. The learned counsel appearing for the applicants/proposed plaintiffs would submit that the 2nd applicant is the brother of the deceased S.Palani and 1st applicant is the sister and 3rd and 4th applicants are children of the deceased. The wife of the deceased predeceased him. The only surviving legal heirs of the deceased are his minor children P.Vignesh and P.Pavithra. He further submitted that the 2nd applicant filed a Guardian and Wards OP, before this Court to appoint him as legal guardian to the minors, which was allowed by this Court on 07.01.2022. The deceased and the 1st and 2nd applicants herein, filed the suit against the respondent/defendant for https://www.mhc.tn.gov.in/judis

A.No.2540 of 2022 in C.S.No.215 of 2021 KRISHNAN RAMASAMY.J., Pns partition of ancestral property and now the 3rd plaintiff/S.Palani was expired, his children viz., 3rd and 4th applicants herein are entitled to bring on records as plaintiffs in the suit. Therefore, he prays to bring on record Minor P.Vignesh and Minor P.Pavithra, the legal representatives of the deceased/S.Palani in the suit and rank them as 4th and 5th plaintiffs.

3. Considering the facts and the submissions made by the learned counsel for the applicants and the reasons stated in the affidavit filed in support of the Application, this Court is inclined to allow the application.

4. Accordingly, this Application stands allowed. 06.07.2022 Pns A.No.2540 of 2022 in C.S.No.215 of 2021 https://www.mhc.tn.gov.in/judis