K.Sudha v. R.Kosalram Pandian

C.S.No.394 of 2020 N.SATHISH KUMAR, J.

The Application No.547 of 2024 has been filed to condone the delay of 996 days in filing the application to set aside the abatement caused due to the death of the 2nd defendant.

2. The Application No.549 of 2024 has been filed to bring on record respondents 3, 4 and 5, as defendants 4, 5 and 6, in C.S.No.394 of 2020, as legal heirs of the deceased 2nd defendant.

3. Heard the learned counsel on either side and perused the documents.

4. Since the relationship of the proposed parties with the 2nd defendant is not in dispute, this Court is of the view that instead of sending notice to the parties in these applications, the applications can be ordered and abatement can be set aside. Thereafter, summons can be directly served to the parties.

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5. In such view of the matter, considering the reasons assigned in the applications and the suit being for partition and all the legal heirs are to be brought on record, hence these applications are ordered.

6. Registry is directed to carry out amendment and the plaintiffs are directed to file amended copy of the plaint immediately. Thereafter, the summons to the newly added parties to be sent. In order to complete such exercise, post on 19.04.2024.

19.03.2024 ssd 2/3

N.SATHISH KUMAR, J.

ssd C.S.No.394 of 2020 19.03.2024 3/3