KAMALAMMA Vs. S UDAYASHANKAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned counsel for the respondents.

(2.) Learned counsel for the petitioners submits that the petitioners are before this Court being aggrieved by the order dated 5.11.2015, being Annexure-F to the writ petitions, whereby the court below was pleased to allow the application preferred by the respondent No.1/plaintiff praying leave of the court to bring on record the proposed defendants i.e. the legal representatives of the deceased-7th defendant.

(3.) It is contended by the learned counsel for the petitioners that the trial Court erred in allowing the application as the very suit has to be dismissed in view of the fact that the 7th defendant had passed away way back in the year 2012 itself and hence the very cause of action alleged by the plaintiff/respondent No.1 herein is imaginary. It is contended by the learned counsel that the plaintiff ought to have been more diligent while instituting the suit and had to ensure the availability of the parties as to whether they are dead or alive before arraying the party as a defendant in the proceedings before the Trial Court. He would submit that the 7th defendant passed away on 4.5.2012 and the suit was instituted on 20.12.2014 i.e. after a lapse of two years.