N. Raja Babu& Anr. vs. Gurunatha Mudaliar Memo. Char. Trust& Ors.

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

I.A. 1/2015 in Petition(s) for Special Leave to Appeal (C) No(s). 17468/2012

(Arising out of impugned final judgment and order dated 21/10/2011 in AS No. 42/2004 passed by the High Court of Madras)

N. RAJA BABU & ANR. Petitioner(s)

VERSUS

GURUNATHA MUDALIAR MEMO.CHAR. Respondent(s) TRUST & ORS

(for substitution of deceased respondent and c/delay in filing substitution appln. Nad setting aside abatement)

Date : 15/01/2016 This application was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE R.K. AGRAWAL [IN CHAMBERS]

For Petitioner(s) Mr. Aditya Verma, Adv. Mr. Arjun Krishnan, Adv.

For Respondent(s) Mr. Sunil Kumar Jain, Adv.

UPON hearing the counsel the Court made the following O R D E R

There is a delay of 175 days in filing application for substitution. Cause shown is sufficient. Delay is condoned. Abatement is set aside.

Respondent No. 3 has died on 14th August, 2011. An application for substitution has been filed to bring on record Lrs. of Respondent No. 3.

Digitally signed by RASHI GUPTA Date: 2016.01.18 17:00:17 IST Reason: Signature Not Verified

In the application for substitution, in paragraph 3, it has been stated that Mrs. Vanathi Mohanraj has been appointed as trustee with Respondent No. 1 in place of deceased Respondent No. 3 and therefore her name be substituted.

Application for substitution is allowed. The name of deceased Respondent No. 3 be deleted from the array of parties and in her place the name of Mrs. Vanathi Mohanraj as mentioned in paragraph 3 of the application, be brought on record.

Amended cause title be filed within four weeks from today.

(RASHI GUPTA) SR. P.A.

(JASWINDER KAUR) COURT MASTER