Call No. : +91 70452 82751 / Mail Address : support@landmarq.in

Landmarq

Talk To Lawyer

Petition to add LR’s of defendant

IN THE COURT OF THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE, HYDERABAD
I.A. No. 87 of 2025 in O.S. No. 112 of 2023

M. Ramesh

…Petitioner/Plaintiff

Vs.

Late. A. Prakash

…Defendant (Deceased)

  1. A. Suresh, S/o Late A. Prakash, aged 38 years, Hindu, Business, R/o H.No. 5-21/3, Kukatpally, Hyderabad
  2. A. Lakshmi, W/o Late A. Prakash, aged 60 years, Hindu, Homemaker, R/o H.No. 5-21/3, Kukatpally, Hyderabad
  3. A. Kalyani, W/o Ramesh, aged 35 years, Hindu, Private Employee, R/o H.No. 10-6, Miyapur, Hyderabad
  4. A. Rajesh, S/o Late A. Prakash, aged 34 years, Hindu, Technician, R/o H.No. 5-21/3, Kukatpally, Hyderabad

… Proposed Respondents 2 to 5 – Legal Representatives of deceased Defendant

Petition filed on behalf of the petitioner/ Plaintiff under Or.22 R.4 and 151  of CPC

The petitioner respectfully submits as follows:

That this Hon’ble Court may be pleased to:

  1. Implead respondents 2 to 5 as defendants 2 to 5 as legal representatives of the deceased defendant (Late A. Prakash); and
  2. Permit consequential amendments in the plaint as specified below; and
  3. Pass such other and further orders as may be deemed just and necessary in the interest of justice.

Place: Hyderabad
Date: 11.06.2025

Advocate for the Petitioner

Consequential Amendments Proposed in the Plaint

  • Add Respondents 2 to 5 in the short and long cause title as legal representatives of the deceased first defendant.
  • Wherever the word “defendant” occurs in the plaint, substitute it with “first defendant”.
  • In Para 7 (Prayer clause), amend to include:
    “…against the estate of the deceased first defendant in the hands of defendants 2 to 5, being his legal representatives.”

IN THE COURT OF THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE, HYDERABAD
I.A. No. 87 of 2025 in O.S. No. 112 of 2023

M. Ramesh

…Petitioner/Plaintiff

Vs.

Late A. Prakash

…Defendant (Deceased)

Affidavit under Section 139 CPC

I, M. Ramesh, S/o M. Narayana, Hindu, aged about 42 years, Businessman, residing at H.No. 8-45, Ameerpet, Hyderabad, do hereby solemnly affirm and state on oath as follows:

  1. I am the plaintiff in the above suit and the petitioner herein, and I am well acquainted with the facts of the case.
  2. I filed the suit against the defendant, Late A. Prakash, for recovery of ₹1,80,000/- being due under a promissory note.
  3. During the pendency of the suit, the first defendant died intestate on 01.04.2025.
  4. He left behind the following legal heirs:
    • A. Suresh, S/o Late A. Prakash
    • A. Lakshmi, W/o Late A. Prakash
    • A. Kalyani, W/o Ramesh
    • A. Rajesh, S/o Late A. Prakash
      There are no other legal heirs.
  5. The estate of the deceased defendant has devolved upon respondents 2 to 5 who are thus necessary and proper parties to the suit.
  6. This application is filed within the prescribed period of limitation.

Hence, I pray that this Hon’ble Court may be pleased to implead respondents 2 to 5 as defendants 2 to 5 and permit consequential amendments in the plaint as mentioned above.

Deponent

Solemnly affirmed and the contents of this affidavit were read over and explained in Telugu to the deponent, who admitted them to be true and correct and signed/thumb-marked before me on this the 11th day of June 2025.

Place: Hyderabad
Date: 11.06.2025

Advocate for the Petitioner