J.Parasmal (Deceased) 1.P.Ambika And 3 Others v. J.Naval Kishore

A.No.4327 of 2022 in C.S.No.193 of 1998 G.CHANDRASEKHARAN,J., A.No.4327 of 2022 is filed to permit the applicants to implead 1 to 4 proposed applicants/plaintiffs in A.No.4553 of 2006 in C.S.No. 193 of 1998 as applicants 2 to 5. A.No.4553 of 2006 in C.S.No. 193 of 1998 is filed for passing final decree in pursuance of the preliminary decree dated 16.02.2004 passed in A.No.3505 of 2002.

2.It is submitted by the learned counsel for the applicants that the proposed applicants/plaintiffs had already been impleaded in the suit and necessary amendment had been carried out. Unfortunately, these applicants/plaintiffs have not been impleaded in the final decree application. 3.The learned counsel for the respondent raised a formal objection that this amendment could not be permitted as there is delay. 4.Considered the rival submissions.

5.This is a partition suit. Considering the fact that the proposed applicants/plaintiffs had already been impleaded in the suit and necessary 1/3

amendment had been carried out in the original plaint, this Court finds it necessary that the proposed applicants/plaintiffs should also be impleaded in the final decree application for effective adjudication of the dispute. Therefore, this application is allowed. The learned counsel for the applicants/plaintiffs is directed to take appropriate steps to amend the final decree application.

6.Accordingly, this application is allowed. Post the matter on 19.10.2022.

sli 26.09.2022 2/3

G.CHANDRASEKHARAN,J., sli A.No.4327 of 2022 in C.S.No.193 of 1998 26.09.2022 3/3