Mrs.Kasthuri v. Mrs Vittobai
Case brief
What is this about?
The Court allowed applications filed to condone delay in setting aside abatement and to bring legal representatives of a deceased plaintiff on record. The respondents/other plaintiffs raised no objection.
What did the court decide?
Amendment of plaint allowed; legal representatives admitted as plaintiffs 4 and 5.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2017 THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
A.No.530 to 532 of 2017 in C.S.No.177 of 2013
C.S.No.177 of 2013
1.Mrs.Vittobai, W/o.G.Mani, D/o.Ellaiya Naidu(Late), 4/10,Bharathiar Street, Santhoshapuram, Chennai-600 073. 2.Mrs.Kasthuri, W/o.Damaodaran, D/o.Ellaiya Naidu(Late), No.17,Ayya Street, Royapettah, Chennai 600 014.
3.Ms.Baby, D/o.K.Ellaiya Naidu(Late), 29,Yadaval Street, Kottur, Chennai 600 085. ...Plaintiffs
Vs
1.E.Jaganathan, S/o.Ethiraj(Late), 2.J.Srinivasan, S/o.Jaganathan,
2
Both are residing at Old No.5, New No.9, Chitiraikulam South Street, Mylapore, Chennai 600 004.
Issues for consideration
2 issues framed by the court
Whether to condone the delay of 951 days in filing an application to set aside abatement due to the death of a plaintiff.
Whether to set aside abatement caused by the death of the second plaintiff and bring her legal representatives on record.
Parties & counsel
- applicant
Mrs. Kasthuri (since deceased), K. Damaodaran and D. Vasudevan
- respondent
Mrs. Vittobai and Ms. Baby
Coram
N. Sathish Kumar
Case details
As recorded by the court registry
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