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Madras High CourtCMP/13738/2025allowed

C.Nagarajan (Died) 1.Thimarayappa v. Venkataramana (Died) , 1. Nagaraj

2025-06-23Honourable Mr.Justice Sathi Kumar Sukumara Kurup1 pages

C.M.P.No.13738 of 2025 in C.M.A.S.R.No.79279 of 2025 SATHI KUMAR SUKUMARA KURUP, J.

Civil Miscellaneous Petition is filed by the Plaintiff. The suit was dismissed for default. The Petition filed under Order IX Rule 9 of Civil Procedure Code in I.A.No.2 of 2021 in O.S.No.150 of 2018 was dismissed against which C.M.A was filed. At that stage, the Plaintiff died. Therefore, petition has been filed to implead legal heirs of the Plaintiff/Appellant in C.M.A. Therefore, petition is filed to accept the cause title. Since this petition is filed before admitting the C.M.A, the petition in C.M.P.No.13738 of 2025 is allowed.

23.06.2025 Note: Registry is directed to carry out necessary amendment.

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