C.Chinthamani (Deceased) 1.C.Kothandaraman v. R.Nagalakshmi (Deceased) 1.K.Vijayalakshmi And 2 Others

A.Nos.4983, 4985 and 4986 of 2022 A.Nos.4983, 4985 and 4986 of 2022 in TOS.No.29 of 2016 G. CHANDRASEKHARAN, J.

It is seen from the entry made in the cause list that M/s.Waraon and Sai Rams has filed the vakalat for respondents 2 and 3.

2. There is no representation for the proposed respondents 2 and 3.

3. During the pendency of TOS.No.29 of 2016, the 1st defendant was dead and it appears that immediately steps have not been taken for impleading the legal representatives of the deceased 1st defendant. Therefore, these applications are filed for condoning the delay of 347 days in filing the application to set aside the abatement and to pass an order for setting the abatement and for bringing on record the legal representatives of the deceased 1st defendant as defendants 2 and 3.

4. Considering the reasons stated in the affidavit, for the delay in filing the application to set aside the abatement and impleading the legal representatives of the deceased 1st defendant, this Court is inclined to allow these applications. Accordingly, Application Nos.4983, 4985 and 4986 of 2022 are allowed. https://www.mhc.tn.gov.in/judis 1/1

A.Nos.4983, 4985 and 4986 of 2022 G. CHANDRASEKHARAN, J.

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5. Plaintiffs are directed to take steps for making suitable amendment in the plaint and file amended plaint.

6. The learned counsel for the plaintiffs also submitted that 1st plaintiff C.Chinthamani was dead and he prays time for taking steps to implead her legal representatives.

7. Post the matter after two weeks.

02.12.2022 gd A.Nos.4983, 4985 and 4986 of 2022 in TOS.No.29 of 2016 https://www.mhc.tn.gov.in/judis 2/1