The court allowed applications to condone delay and set aside abatement due to the death of an appellant, directing registry to amend the cause title.
Applications allowed; registry directed to amend cause title in three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
CMP.Nos.143 to 145 of 2013 in SA.No.1477 of 2000
RMT.TEEKAA RAMAN,J.,
CMP.No.143 of 2012 has been filed to condone the delay of 1519 days
in filing an application to set aside the abatement caused due to the death of the second appellant-K.Rajagopalan in the second appeal. CMP No.144 of 2013 has been filed to set aside the abatement caused due to the death of the second appellant-K.Rajagopalan in the above second appeal. CMP.No.145 of 2013 has been filed to bring on record the legal heirs of the second appellantK.Rajagopalan as appellants 4 to 7 in the appeal.
2.Heard both sides. The factum of the death of the second appellant-
K.Rajagopalan in S.A.No.1477 of 2000 as their legal representatives are not in dispute.
3.Considering the submissions made on behalf of the learned counsel
for the applicants and being satisfied with the reasons stated in the affidavit filed in support of these applications, in the interest of justice, all these applications are allowed.
4.Registry is directed to carry out the necessary amendment in the cause title in three weeks.
08.08.2019
2
RMT.TEEKAA RAMAN,J.,
nvi
CMP.Nos.143 to 145 of 2013 in
SA.No.1477 of 2000
08.08.2019
1 issue framed by the court
Whether condonation of delay and substitution of legal heirs can be allowed in the interest of justice.
Second Appellant K.Rajagopalan's legal heirs
TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
