R.Kothandan v. K.Ramdass (Deceased)

CMP No.14460 of 2026 in SA Sr No.94174 of 2020 S.SOUNTHAR, J.

This petition has been filed to accept the cause title in CMP No.1495 of 2020, after permitting the petitioners to bring on record the L.Rs of the deceased 1st respondent - K.Ramadas.

2. It is seen from the affidavit filed in support of this petition that the first respondent in the second appeal, namely K.Ramadas passed away even before filing of the second appeal. However, the second appeal has been filed against the dead person.

3. Now, the petitioners filed an application in CMP no.15617 of 2021to bring on record the L.Rs of the deceased K.Ramadas. In view of the law settled by this court in Amsavalli (died) and others Vs. Sarangabani reported in 2016(1) CTC 61 = 2015 SC (MAD) 3353, the proper course for the petitioners is to file a petition to amend the cause title to include the names of the legal representatives of the deceased K.Ramadas and to file an application to condone the delay in filing the second appeal as against the L.Rs., who are sought to be impleaded by way of amendment.

Accordingly, the prayer made by the petitioners in this civil miscellaneous petition needs to be amended.

List the matter after two weeks for filing appropriate amendment applications.

16.06.2026 MST https://www.mhc.tn.gov.in/judis