Ramanathan v. Ilayaperumal (Died)

CMP No.18040 of 2022 in AS No.1033 of 2012 R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

(Order of the Court was made by R.SUBRAMANIAN, J.) Accepting the reasons assigned in the affidavit filed in support of the petition, this petition is allowed. However, the fourth petitioner, who is the wife of the deceased first respondent who figured as the defendant in the suit cannot be arrayed as an appellant along with appellants 1 to 3 in the main Appeal, inasmuch as she cannot take a plea against the plea taken by her husband in the suit.

2. Hence the fourth petitioner Janava wife of Ilayaperumal is impleaded as the respondent in the Appeal and ranked as respondent No.5. The vakalat of the fourth petitioner in favour of the counsel for the petitioner in this petition is revoked and the Registry is directed to send notice to her in the Appeal requiring her to enter appearance through another counsel.

3. The Registry is directed to carry out the necessary amendment impleading the fourth petitioner as the fifth respondent in the Appeal. Post after two weeks.

[R.S.M., J.] [R.S.V., J.] jv 01.04.2024 https://www.mhc.tn.gov.in/judis 1/2

R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

CMP No.18040 of 2022 in AS No.1033 of 2012 01.04.2024 https://www.mhc.tn.gov.in/judis 2/2