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Madras High CourtCMP/13422/2021ordered

Vasugi v. Subadra Ammal

2021-11-17Honourable Ms.Justice V.M.Velumani2 pages

C.M.P.No.13422 of 2021 in C.R.P.(NPD)No.3218 of 2016 C.M.P.No.13422 of 2021 in C.R.P.(NPD).No.3218 of 2016 V.M.VELUMANI,J.

This C.M.P. is filed to transpose Ms.Supriya, the 3rd petitioner as 6th respondent in C.R.P.(NPD)No.3218 of 2016.

2.The learned counsel appearing for the petitioners submitted that the petitioners are defendants in O.S.No.332 of 2004 on the file of the Principal District Munsif Court, Cuddalore. In the said suit, the petitioners were set exparte and exparte decree was passed. The petitioners filed I.A.No.432 of 2016 to condone the delay of 470 days in filing the application to set aside the exparte decree. The said application was dismissed. Challenging the said order of dismissal dated 26.07.2016, the petitioners have filed C.R.P.(NPD)No.3218 of 2016. Pending Civil Revision Petition, the 3rd petitioner, who is the daughter of the 1st petitioner and sister of the 2nd petitioner, colluded with the respondents 1 to 4, informed the counsel not to attend the case and has taken change of vakalat on 27.03.2021. According to the petitioners 1 and 2, they want to conduct the case as they are in possession and enjoyment of the property and prayed for a direction to transpose the 3rd petitioner as 6th respondent in the Civil Revision Petition. https://www.mhc.tn.gov.in/judis 1/2

C.M.P.No.13422 of 2021 in C.R.P.(NPD)No.3218 of 2016 V.M.VELUMANI,J.

Kj 3.Though notice has been served to the 3rd petitioner and her name is printed in the cause list, there is no representation for her either in person or through counsel. The 3rd petitioner is transposed as 6th respondent in the Civil Revision Petition. The Registry is directed to carry out necessary amendment in the cause title and list this matter after two weeks. 17.11.2021 [1/2] kj C.M.P.No.13422 of 2021 in C.R.P.(NPD).No.3218 of 2016 https://www.mhc.tn.gov.in/judis 2/2