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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
D. Selvi – Appellant
Versus
Suseela Ramachandran – Respondent
| Table of Content |
|---|
| 1. civil revision petition details and reliefs sought. (Para 1 , 2) |
| 2. amendment sought due to the death of key defendants. (Para 3) |
| 3. opposition from respondents regarding amendment application. (Para 4 , 5) |
| 4. court's authority to amend plaint and implead legal heirs. (Para 6 , 10 , 11) |
| 5. arguments center on procedural misapplications and failures. (Para 8 , 9) |
| 6. power to exempt from substituting legal representatives before judgment. (Para 12 , 13 , 14) |
| 7. judgments supporting exemption under order xxii rule 4. (Para 15 , 19) |
| 8. differentiation between order xxii rule 4(4) and order xxii rule 4a. (Para 26 , 29) |
| 9. cause title is part of the plaint requiring amendment. (Para 30 , 31) |
| 10. final order allowing amendment and exemption. (Para 39) |
ORDER :
V. LAKSHMINARAYANAN, J.
This Civil Revision Petition arises against the order passed by the learned District Munsif cum Judicial Magistrate, Cheyyur in I.A. No. 304 of 2022 in O.S. No. 55 of 2020 dated 25.08.2023.
2.The civil revision petitioners are the plaintiffs in the suit. O.S.No.55 of 2020 was originally presented before the learned District Munsif at Madurantakam and was numbered as O.S.No. 328 of 2013. Subsequently, on
Amendment to pleadings concerning deceased defendants allows for exemption from substitution if they were ex parte and had no interest in the proceedings, and such request is not limited by the 90-da....
The main legal point established is that the timely filing of applications under Order XXII Rule 4 and Rule 9 of the CPC is crucial, and delay cannot be condoned without sufficient cause. Negligence ....
Impleadment of legal heir – On death of defendant till his legal heirs are brought on record, suit/appeal remains in state of suspense and if court proceeds with matter that carries no legal effect –....
Legal representatives of deceased parties can seek substitution; amendments to pleadings are permitted to promote effective adjudication and safeguard substantive rights over rigid procedural complia....
The court established that under Order XXII Rule 4(4) of the CPC, a plaintiff may be exempted from substituting legal representatives of a deceased defendant who failed to participate in the proceedi....
A decree passed against a deceased party is null and void; proper procedure under Order 22 CPC must be followed to avoid automatic abatement.
Point of law: Decree in Suit – Abatement of Appeal - In cases where an appellate Court has made an order dispensing with service of notice of appeal upon legal representatives of any person deceased ....
The trial court erred by abating the suit without proper inquiry into legal representation, as abatement is procedural and not substantive, requiring adherence to the principles laid out under Order ....
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