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Madras High CourtA/3428/2022allowed

Mrs.P.Ponni v. Mrs.S.Nirmala And 16 Others

2022-11-09Honourable Mr Justice G. Chandrasekharan3 pages

A.Nos.3428 to 3430 of 2022 in C.S.No.476 of 2008 G. CHANDRASEKHARAN, J.

Application No.3428 of 2022 is filed to set aside the abatement caused due to the death of the 11th defendant P.Saraswathi Ammal on 11.12.2021.

2. Application No.3429 of 2022 is filed for bringing on record the respondents 11 to 17 who are the legal representatives of the deceased 11th defendant as defendants 12 to 18.

3. Application No.3430 of 2022 is filed for condoning the delay of 183 days in filing the petition to set aside the abatement and to bring on record the legal heirs of the 11th defendant.

4. It is submitted by the learned counsel for the respondents that they have no objection to allow these application.

5. Accepting the reasons stated by the applicants, these applications are allowed.

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6. The plaintiff in CS.No.476 of 2008 is directed to take appropriate steps to amend the plaint suitably.

7. This Court, on 30.09.2022 directed the learned counsel for the plaintiff in CS.No.476 of 2008 to file appropriate amendment petition for making suitable amendment in the plaint with regard to the death of the 6th defendant Shyamalavalli and that her legal representatives are already on record.

8. It is now submitted by the learned counsel for the plaintiff that a memo has been to be filed in the Registry. That being the case, appropriate suitable amendment to be carried out in the plaint.

9. Amended plaint to be filed on 23.11.2022. Post the matter on 23.11.2022.

09.11.2022 (1⁄2) gd G. CHANDRASEKHARAN, J.

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gd A.Nos.3428 to 3430 of 2022 in C.S.No.476 of 2008 09.11.2022 (1⁄2) 3/3