A.Nos.1200 & 1201 of 2022

in C.S.No.595 of 2018

A.Nos.1200 & 1201 of 2022

in

C.S.No.595 of 2018

P.VELMURUGAN, J.

The application in A.No.1200 of 2022 has been filed to strike out the

name of the applicant/3^rd defendant from the array of defendants in the

above suit.

2.The application in A.No.1201 of 2022 has been filed to permit the

applicant to file written statement independently as 3^rd defendant in the

above suit.

3. It is the contention of the learned counsel for the applicant/3^rd

defendant that the applicant has been improperly impleaded as a party to the

present suit. The suit was filed against the 2^nd respondent/1^st defendant for

recovery of money. During the pendency of the suit, the Managing Director

of the 2^nd respondent/Partnership Firm died on 11.07.2021. Subsequently,

the defendants 2 to 4 were brought on record as the legal representatives of

the deceased. The applicant/3^rd defendant is the daughter of the Managing

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A.Nos.1200 & 1201 of 2022

in C.S.No.595 of 2018

Partner of the 2^nd respondent Firm. The applicant is neither a proper nor a

necessary party and hence, the name of the applicant may be struck off from

the array of defendants in the suit.

4.Heard both sides and perused the materials available on record.

5.It is not in dispute that the suit was filed against the 1^st defendant/

Partnership Firm for recovery of money and during the pendency of the suit,

the Managing Director of the said Firm died and the legal heirs of the

deceased were brought on record. If the Managing Director of the

Partnership Firm died, rest of the partners are liable to be impleaded,

however, the legal heirs of the partners cannot be impleaded, except any

personal guarantee is given. Admittedly, in the case on hand, the applicant

is the daughter of the Managing Partner of the 1^st defendant Firm, but, not

the partner of the said Firm.

6.In the light of the above facts and circumstances, the application in

A.No.1200 of 2022 is allowed. The name of the applicant/3^rd defendant is

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A.Nos.1200 & 1201 of 2022

in C.S.No.595 of 2018

struck off from the array of the defendants in the above suit. The plaintiff is

directed to carry out necessary amendment and to file a copy of the amended

plaint.

7.Since A.No.1200 of 2022 is allowed and the name of the

applicant/3^rd defendant is struck off from the suit, filing of written statement

does not arise. Accordingly, application in A.No.1201 of 2022 is dismissed.

8. List C.S.No.595 of 2018 on 09.06.2022.

13.04.2022

ms

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A.Nos.1200 & 1201 of 2022

in C.S.No.595 of 2018

P.VELMURUGAN, J.

ms

A.Nos.1200 & 1201 of 2022

in

C.S.No.595 of 2018

13.04.2022

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