Legal representatives of deceased parties can be impleaded to continue the suit; the court prioritizes justice over technicalities.

JUDGMENT

The original petition has been filed challenging an order whereby an application for condonation of delay and setting aside abatement and impleading the legal representatives of the 1^st defendant has been dismissed. The suit is of 2015. The 1^st plaintiff and the 3^rd plaintiff also died and petitions had been filed for impleading their legal representatives also. No orders have been passed in those petitions as per the averment in the original petition. No purpose will be served by retaining this original petition on file in this Court. Even though the counsel for the respondents seriously opposed the impleading, I do not find any reason not to allow the impleading since admittedly, several persons have died and without impleading their legal representatives, the suit cannot proceed.

In the above circumstances, the original petition is allowed. Ext.P17 is set aside. IA.Nos.4408 and 4409 of 2018 in OS.No.1851 of 2015 on the file of the Additional Munsiff’s Court -II, Thiruvananthapuram stand allowed. The trial court shall proceed with the case after ensuring that the legal representatives of all the deceased parties have been brought on party array. The Court may grant time for seeking such impleadment and if the plaintiffs fail to implead within the time so granted, the Court may proceed with the suit treating the suit as abated as against the deceased persons whose legal representatives have not been impleaded.

Sd/-