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Madras High CourtA/4556/2025allowed

K.Jaya Meshack v. Daniel Thomas(Decd) M.Lydia Arputhamani (Decd) T.Kamalam (Decd) 1.D.Jence Leena And 2 Others

2025-09-19Honourable Dr.Justice R.N.Manjula2 pages

A. No. 4556 of 2025 in T.O.S. No. 6 of 1993 and T.O.S. No. 6 of 1993

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM

THE HONOURABLE Dr. JUSTICE R.N.MANJULA A. No. 4556 of 2025 in T.O.S. No. 6 of 1993 and T.O.S. No. 6 of 1993 K.Jaya Meshack ...Applicant Vs.

Daniel Thomas (deceased) M.Lydia Arputhamani (deceased) Kamalam (deceased) 1.D.Jencee Leena 2.V.Devasagayam 3.D.Samuel Jabaraj ... Respondents Prayer : This application has been filed under Order XIV Rule 8 of the Original Side Rules read with Order VI Rule 17 of the Code of Civil Procedure, praying to amend the prayer as 'restore the T.O.S. No. 6 of 1993 which is dismissed for non-prosecution on 02.09.2024' instead of 'to restore the Application in T.O.S. No. 6 of 1993. For applicant : M/s.V.Ambika

O R D E R

This application has been filed to amend the prayer as 'restore the T.O.S. No. 6 of 1993 which is dismissed for non-prosecution on 02.09.2024' instead of 'to restore the Application in T.O.S. No. 6 of 1993. Dr.R.N.MANJULA, J.

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

A. No. 4556 of 2025 in T.O.S. No. 6 of 1993 and T.O.S. No. 6 of 1993 Maya

2. Heard the learned counsel for the applicant.

3. Being satisfied with the reasons stated in the affidavit filed in support of this application and in the interest of justice, this application is allowed by permitting the applicant /plaintiff to amend the prayer as 'restore the T.O.S. No. 6 of 1993, which is dismissed for non-prosecution on 02.09.2024' instead of 'to restore the Application in T.O.S. No. 6 of 1993.

4. Amendments be carried out in two weeks.

5. List after two weeks.

19.09.2025 Maya A. No. 4556 of 2025 in T.O.S. No. 6 of 1993 and T.O.S. No. 6 of 1993 https://www.mhc.tn.gov.in/judis