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2023 Supreme(Online)(AP) 8431

HIGH COURT OF ANDHRA PRADESH
SUBBA REDDY SATTI, J
MEKAPATI SREE KEERTHI REDDY – Appellant
Versus
KODURU VENKATA SANATH KUMAR REDDY – Respondent


ORDER

Aggrieved by the Order in I.A.No.198 of 2022 in O.S.No.91 of 2013 on the file of I-Additional District Judge, Nellore the above revision is filed.

02. Respondent Nos.1 and 2 herein being the plaintiffs filed O.S.No.91 of 2013 against five defendants seeking recovery of amount. Defendant No.3 in the suit died pending the suit on 21.02.2022 leaving behind him, his wife, daughter and son and others as legal representatives. I.A.No.198 of 2022 is filed under Order XXII Rule 4 read with Rule 28 of Civil Rules of Practice to add the proposed parties as defendant Nos.6 to 9. In the affidavit filed in support of the petition, it was contended that pending the suit, Defendant No.3 died on 21.02.2022 leaving behind him, his wife, daughter son and mother. For proper adjudication they are necessary party.

Hence the application is filed to bring them on record.

03. Proposed parties filed counter and opposed the application. In the counter it was contended that the company is a juristic person being run by Directors. Directors are not personally liable for debts of the company. There is no privity of contract between the plaintiff and the deceased/defendant No.3. Defendant No.3, infact, resig

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