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Madras High CourtA/6471/2023ordered

Agriculture Insurance Co. v. State Bank Of India

2024-07-04Honourable Mr Justice P.B. Balaji3 pages

A.No.6471 of 2023 in C.S.No.680 of 2012 P.B.BALAJI, J., This application has been filed to amend the plaint as stated in the accompanying affidavit in Judge's Summons.

2.Heard Mrs.S.Sathya, learned counsel for the applicant and Mr.S.Shivashanmugham, learned counsel for the respondents 1, 2 and 3. 3.The learned counsel for the applicant submits that pending the suit the plaintiff come to know that the defendants 6 and 7 are also liable to pay the suit claim along with the 5th defendant and this has become aware to the plaintiff pursuant to the criminal cases and also the report of the CBI. Hence, necessary amendments are sought for in the paint to seek relief against the defendants jointly and severally. 4.The learned counsel for the respondents 1, 2 and 3 has no serious objection in allowing the said application. The respondents 5 to 7 have already been set exparte in and by an order dated 06.06.2024. 5.Considering the above, I am inclined to order amendment as no new case is sought to be projected by way of amendment and the interest of

justice also requires that the plaintiff is given an opportunity to proceed against all the defendants instead of limiting the suit claim only against the defendants. Accordingly, this application is allowed. 6.Post the matter on 18.07.2024. In the meantime, amendment shall be carried out and amended copy of the plaint shall be filed. 04.07.2024 ata

P.B.BALAJI, J.

ata A.No.6471 of 2023 in C.S.No.680 of 2012 04.07.2024