IN THE COURT OF THE HON’BLE SECOND ADDITIONAL SUBORDINATE JUDGE OF

COIMBATORE

I.A. No. OF 2018

I.A. No. 216 OF 2014

O.S. No. 597 OF 2008

Ponnusamy --Petitioner/Petitioner/2nd defendant

-Vs-

1. Ponnusamy
2. Gurusamy --Respondents 1 and 2/Respondents 1 and 2/Plaintiffs

3.Kanakarathinam --Respondent No.4/Respondent No.4/1st defendant

4.Saraswathi(Died) --Respondent No.4/3rd defendant

5. Gunasundaran
6. Saranya ---Respondents/Proposed Respondents/LRs of
3rd defendant

AFFIDAVIT

I, Ponnusamy, S/o. Arujuna Gounder, Hindu aged about 65 years, residing

at No. 3/9, Chinna Thottam Street, Neelikonampalayam, Coimbatore, do hereby
solemnly affirm and sincerely state as follows:

2. I submit that I have filed the aforesaid application under Section 5 of

Limitation Act for setting aside the preliminary decree passed against me in the
captioned original suit and the same is posted today for cross-examination of me
by the respondent No. 1 and 2 herein.

3. I further submit that during the pendency of the aforesaid application, 4 th

defendant died on 29.04.2017. The legal heirs of the deceased 4 th respondent
have to be impleaded in the aforesaid interlocutory application though they are
formal parties. In view of the dictum laid down by our Hon’ble High Court, after
passing of preliminary decree in the captioned original suit, the pendency of the
aforesaid petition cannot be termed as abated. Further, the 4th respondent herein
died and leaving behind the proposed respondents No. 5 and 6 to herein as her
class –I legal heirs, to succeed to the alleged rights left by her, if any.

3. I further submit that after death of the 4 th respondent herein, the

respondents No.5 and 6 are need to be added as parties to this proceeding.
Further, in no way the respondents herein are going to be prejudiced in view of
the amendment and the same is a formal one. Unless, this petition is allowed, I
will be put to irreparable loss and hardship and I may not be able to proceed with
this suit properly.
 -2-

Therefore, it is just and necessary that this Hon’ble Court may be pleased to
implead the respondents No. 5 and 6 herein as the respondents No. 5 and 6 in
I.A. No. 216/2014, and thus render justice.

DEPONENT

Solemnly affirmed and Signed before me

at Coimbatore On 05.06.2018. Advocate, Coimbatore.

 IN THE COURT OF THE HON’BLE SECOND ADDITIONAL SUBORDINATE JUDGE OF
COIMBATORE

I.A. No. OF 2018

I.A. No. 216 OF 2014

O.S. No. 597 OF 2008

Ponnusamy --Petitioner/Petitioner/2nd defendant

-Vs-

1. Ponnusamy
2. Gurusamy --Respondents 1 and 2/Respondents 1 and 2/Plaintiffs

3.Kanakarathinam --Respondent No.4/Respondent No.4/1st defendant

4.Saraswathi(Died) --Respondent No.4/3rd defendant

5. Gunasundaran
6. Saranya ---Respondents/Proposed Respondents/LRs of
3rd defendant

PETITION FILED UNDER ORDER XXII RULE 4 READ WITH SECTION 151 OF C.P.C

I.PETITIONER/PETITIONER/2ND DEFENDANT

Ponnusamy, S/o. Arujuna Gounder, Hindu aged about 65 years, residing at

No. 3/9, Chinna Thottam Street, Neelikonampalayam, Coimbatore.

The address for service of all summons and process on the

Petitioner/Petitioner is as stated above and that of his counsel A. KUPPURAJ,
B.Sc., B.L., Advocate, Coimbatore- 18.

II. RESPONDENTS No. 1 AND 2/RESPONDETS No.1 AND 2/PLAINTIFFS

1. Ponnusamy, S/o. Shanmugam, Hindu, aged about 66 years, residing at No.

5/121, K.V.K. Nagar, Nekamam Post, Kinathukadavu Taluk, Coimbatore District.

2. Gurusamy, S/o. Karuppiah Konar, Hindu, aged bout 61 years, residing at No.
72/160/3, Uppankulam, Chandrakottan Via, Sankaran Kovil Taluk, Thirunelveli.

III. RESPONDENTS No. 1 AND 2/RESPONDETS No.1 AND 2/1ST DEFENDANT

3. Kanakarathinam, S/o.Palanisamy, Hindu, aged about 37 years, residing at

No. 5/86, Thandukaranpalayam Post, Avinashi Taluk, Tiruppur District.

IV. RESPONDENTS No. 1 AND 2/RESPONDETS No.1 AND 2/3RD DEFENDANT

4. Saraswathi(Died)
 -2-

V.RESPONDENTS No. 5 AND 6/PROPOSED RESPONDENT No.5 AND 6/THIRD

PARTIES

5. G.Gunasundran, S/o.Gangadaran, Hindu, aged about 35 years, residing at

No.1, Appaiyya Naidu Street, Neelikonampalayam, Singanallur Post, Coimbatore.

6. Saranya, D/o.Gangadaran, Hindu, aged about 32 years, residing at No.1,

Appaiyya Naidu Street, Neelikonampalayam, Singanallur Post, Coimbatore.

The address for service of all summons and process on the

Respondents/Respondents is as stated above.

VI. For the reasons affirmed in the accompanying affidavit, the

petitioner/petitioner humbly prays that this Hon’ble Court may be pleased to
implead the respondents No.5 and 6 herein as the Respondents No. 5 and 6, who
is the legal heirs of the deceased 4 th respondent in I.A. No. 216/2014, and thus
render justice.

ADVOCATE FOR PETITIONER/PETITIONER

 IN THE COURT OF THE HON’BLE
SECOND ADDITIONAL SUBORDINATE
JUDGE OF COIMBATORE

I.A. No. OF 2018

I.A. No. 216 OF 2014

O.S. No. 597 OF 2008

Ponnusamy

--Petitioner/Petitioner/2nd defendant

-Vs-

1. Ponnusamy
2. Gurusamy

--Respondents 1 and 2/Respondents

1 and 2/Plaintiffs

3.Kanakarathinam

--Respondent No.4/Respondent
No.4/1st defendant

4.Saraswathi(Died)

--Respondent No.4/3rd defendant

5. Gunasundaran
6. Saranya
---Respondents/Proposed
Respondents/LRs of
3rd defendant

PETITION FILED UNDER ORDER XXII

RULE 4 READ WITH SECTION 151 OF
C.P.C

Pre on 06.06.2018

ADDRESS FOR SERVICE

A. KUPPURAJ, B. Sc, B.L.,

Advocate,
No.10-E, First Floor
State Bank Road
 Coimbatore – 18
IN THE COURT OF THE HON’BLE
SECOND ADDITIONAL SUBORDINATE
JUDGE OF COIMBATORE

I.A. No. OF 2018

I.A. No. 216 OF 2014

O.S. No. 597 OF 2008

AFFIDAVIT