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Madras High CourtA/5503/2019allowed

G.Ramesh And 3 Others v. V.Kousalya (Deceased) And 4 Others

2019-08-05Honourable Mr Justice R. Subramanian2 pages

A.No. 5503 of 2019 in C.S.No. 175 of 2014 R.SUBRAMANIAN, J.

This application has been filed seeking to implead the proposed party namely, the father of the plaintiffs as the 4th plaintiff. M/s.R.Bharanidharan and G.RM.Palaniappan appear for the respondents / defendants. The suit is one for partition. The proposed party being the father of the plaintiffs is in-disputably a necessary party to the suit. The provisions of the code of civil procedure make it clear that no suit can be dismissed for non-joinder of parties and the Court must always given opportunity to the plaintiff to implead necessary parties.

2. In view of the same, this application is allowed proposed party/4th applicant is impleaded as 4th plaintiff in the suit.

3. Counsel to carry out necessary amendment and file amended copy of the plaint by 19.08.2019.

05.08.2019 kkn http://www.judis.nic.in

R.SUBRAMANIAN, J.

kkn A.No. 5503 of 2019 in C.S.No. 175 of 2014 05.08.2019 http://www.judis.nic.in