D.Rajesh vs. C.Jones Chelliah (Deceased)
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Order Issued After Hearing
Purpose:
For Arguments
Before:
Hon'ble Honourable Mr Justice A.A.Nakkiran
Listed On:
15 Apr 2025
Order Text
C.S.No.639 of 2012
C.SARAVANAN, J.
Prima facie, it appears that an attempt is being made by the plaintiff to drag on the proceedings in order to frustrate the sole surviving defendant, who was impleaded after the first and second defendants died in 2018. It appears that an application was earlier filed for appointing an Advocate Commissioner to send the Exhibit P1 Agreement for forensic examination. By an order dated 08.04.2024, A.No.1231 of 2024 was dismissed, against which the plaintiff had earlier filed OSA.No.89 of 2024, which was also dismissed by an order dated 12.04.2024. Further appeal to the Hon'ble Supreme Court in SLP(C) Nos.22704 and 22705 of 2024 was also dismissed by an order dated 04.10.2024.
- Meanwhile, the plaintiff filed A.Nos.4536 and 4537 of 2024 to recall DW1 and to re-open the evidence of DW1 which was also dismissed by this Court vide its order dated 24.11.2024. The plaintiff is in appeal against the aforesaid order dated 25.11.2024 in OSA.Nos.69 and 70 of 2025. It is informed by the learned counsel for D3 (the sole surviving legal heir of the
deceased D1 and D2) that the deceased parents, D1 and D2 were themselves
partially paralyzed and were under arrest, and that the D3 is an autistic child.
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It is further submitted that with great difficulty, the Collector was appointed to represent the interests of D3 before the learned Additional Master – IV and that the next friends are themselves aged more than 75 years. It is alleged that an attempt is being made to frustrate the proceedings and take advantage of the vulnerability of D3, who is autistic.
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Having considered the submissions made by the learned counsel for the plaintiff and the learned counsel for the defendant and considering the fact that OSA.Nos.69 and 70 of 2025 are likely to be taken up for hearing on 04.06.2025, and also considering the fact that the D3 (the sole surviving defendant) is a vulnerable person, this Court is of the view that no further orders are required at this stage. Appropriate directions can be issued in the interest of justice after the outcome of O.S.A.Nos.69 and 70 of 2025.
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- List this case on 10.06.2025 for the plaintiff to secure any favorable order from the Division Bench in OSA.Nos.69 and 70 of 2025. Failing which, this case will be taken up for arguments.
jas
17.04.2025
C.SARAVANAN, J.
jas
C.S.No.639 of 2012
17.04.2025
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