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Madras High CourtA/3893/2022allowed

B.Kanniammal v. Nirmala Vijayakumar (Deceased) 1.D.Mohana Lakshmi And 2 Others

2022-10-28Honourable Mr Justice G. Chandrasekharan2 pages

A.No.3893 of 2022 A.Nos.3893, 3894 & 3895 of 2022 in T.O.S.No.23 of 2020 G. CHANDRASEKHARAN, J.

A.No.3894 of 2022 is filed to condone the delay of 79 days in filing the petition to set aside the abatement caused due to the death of the original defendant late Smt.Nirmala Vijayakumar.

2.A.No.3893 of 2022 is filed to set aside the abatement caused due to the death of the original defendant late Smt.Nirmala Vijayakumar. 3.A.No.3895 of 2022 is filed to bring on record the proposed respondents as defendants 2 to 4 in T.O.S.No.23 of 2020 as legal representatives of the deceased Smt.Nirmala Vijayakumar. 4.It is seen from the note put up by the Registry that the Court notice to R2 and R3 were served and it is seen from the affidavit of service filed by the learned counsel for the applicant that the first and second respondents were also served through postal service. Service is completed. The names of the proposed defendants were also printed in the cause list. There is no representation for proposed respondents. Proposed respondents are called absent and set exparte. 5.Considering the reasons stated in the affidavit and being satisfied with the reasons, this Court allows all the three applications. https://www.mhc.tn.gov.in/judis 1/2

A.No.3893 of 2022 G. CHANDRASEKHARAN, J.

6.Applicants/plaintiffs are directed to take steps for amending the plaint. 28.10.2022 ep A.Nos.3893, 3894 & 3895 of 2022 in T.O.S.No.23 of 2020 https://www.mhc.tn.gov.in/judis 2/2