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2020 Supreme(Mad) 669

P.T.ASHA
Manohari – Appellant
Versus
Sugunathalakshmi – Respondent


Advocate Appeared:
For the Appellant :G. Nanmaran, Advocate.
For the Respondents:T.N. Rajagopalan, A. Prabhakaran, Advocates.

JUDGMENT :

(Prayer: Judges Summons filed under Order XIV Rule 8 of the Original Side Rules read with Section 151 of the Code of Civil Procedure to set aside order passed in Application No.9502 of 2019 in C.S.No.552 of 2019 and to restore the above application on file and dispose the same on merits.)

1. The above application has been filed for setting aside the order dated 21.01.2020 in and by which this Court has permitted N.Dillibabu to act as a next friend of K.Dillibabu, the 2nd defendant in the above suit. It is necessary to briefly touch upon the facts which have preceded the filing of this application.

2. The respondents 1 to 6 herein had filed the suit C.S.No.552 of 2019 against the applicant and the 2nd defendant who though not described as a person of unsound mind either in short or long cause title, is in the body of the plaint described as a person suffering from severe intellectual disability. The suit is filed for a partition and separate possession of the plaint schedule properties by allotting 1/6th share each to the plaintiffs 1 to 3 and a 1/18th share each to the plaintiffs 4 to 6.

3. The suit has been filed on 06.09.2019 and thereafter an application in A.No.9502 of 2

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