E.S.Rajabather (Deceased) Mrs.Shantha Rajabather v. The Madras Purasawalkam Hindu Janopakara Saswatha Nidhi Ltd. And Another

C.V.KARTHIKEYAN, J., These applications have been filed seeking to set aside the abatement caused due to the death of the sole plaintiff and to bring on record the applicant as legal representative of the deceased sole plaintiff as 2nd plaintiff.

2. In the affidavit filed in support of the two applications, the applicant Mrs.Shantha Rajabather has stated that she is the wife of the deceased plaintiff E.S.Rajabather. The plaintiff, E.S.Rajabather died on 29.05.2020 at Chennai. It is also stated that the plaintiff had executed a Settlement Deed with respect to the property in favour of his daughter Ms.Aruna Srikanth and later Revoked the Settlement on 06.07.2015 by a Deed of Revocation of Settlement Deed and the plaintiff had executed a fresh Settlement Deed dated 01.07.2015, settling the property in favour of the applicant herein. A Rectification Deed was also executed by the plaintiff.

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3. It is also stated that there are two other legal representatives namely Ms.Aruna Srikanth(daughter) and Mr.R.Dinesh @ Dinesh Kumar(son). In view of the relationship to the plaintiff, these two applications are ordered and I hold that the applicant is entitled to be impleaded as a party to the suit to prosecute the suit further.

4. In view of the above reasoning, these two applications are allowed. Registry may carryout necessary amendment to the plaint by impleading the applicant Mrs.Shantha Rajabather as 3rd plaintiff to the suit. 10.12.2020 ssn 2/3

C.V.KARTHIKEYAN, J., ssn 10.12.2020 3/3