Dhanalakshmi And 2 Others v. Perambur Co Operative Building Society Ltd And 8 Others

A.Nos.9676, 9677 and 9678 of 2019 in C.S.No.859 of 2016 SENTHILKUMAR RAMAMOORTHY.J.

These applications are filed to bring the legal heirs of the third defendant on record as defendants 10 and 11 in the suit.

2. I heard the learned counsel for the applicant and the learned counsel for the third defendant. The learned counsel for the applicant submits that private notice was issued to the proposed defendants pursuant to the order dated 17.12.2019 of this Court. She further submitted that such private notice was served on the proposed defendants on 28.12.2019 and that an affidavit of service was filed in this regard on 03.01.2020. On this basis, she submits that the application to bring the legal representatives on record may be allowed. The learned counsel for the third defendant submits that he has no specific instructions in the matter.

3. I considered the submissions of the learned counsel for the applicant and examined the records. I find that private notice has http://www.judis.nic.in

SENTHILKUMAR RAMAMOORTHY.J.

Gsi been served on the proposed defendants in Application Nos.9676, 9677 and 9678 of 2019 on 20.12.2019 as evidenced by the acknowledgment cards, in that regard. I also find that the names of the proposed defendants are printed in the cause list. In spite of the same, there is no appearance for the said proposed defendants. Accordingly, all the three applications are allowed and the plaintiff is granted time until 03.02.2020 to carry out the necessary amendments.

4. List the matter on 03.02.2020.

20.01.2020 A.Nos.9676, 9677 & 9678 of 2019 in C.S.No.859 of 2016 http://www.judis.nic.in