Shamshad Begum v. Mrs. Hajira Nasreen., And 3 Others

A.No.5405 of 2023 in C.S.No.535 of 2018 N.SATHISH KUMAR, J.

This application has been filed to implead the applicant as the third defendant in the suit for effective and complete adjudication of the matter in issue.

2. The main contention of the applicant is that the petitioner is the second wife of the father of the petitioner and the respondents and she has already filed a suit in O.S.No.54 of 2016 before the Principal District Court Vellore wherein the second item of the present suit property is also the subject matter of that suit and hence, submitted that the petitioner is also a necessary party to the present suit.

3. Since, the second schedule property is also subject matter of the suit in O.S.No.54 of 2016 and during the pendency of the above suit, the present suit has been filed and the proposed party has not been made as a party in the present suit and the respondents have no serious objections in allowing this application, this application is Ordered.

5. The plaintiff is directed to carry out necessary amendment and file APC by 20.11.2023.

https://www.mhc.tn.gov.in/judis 31.10.2023 vrc