K. Senthil Kumar v. Mathalai Samy
Case brief
What is this about?
The single judge allowed CMPs 146 to 148 of 2013, condoning delay and bringing legal heirs on record due to the death of the second appellant in SA No. 1478 of 2000.
What did the court decide?
All CMPs allowed; registry directed to amend cause title.
What the court decided
1
CMP.Nos.146 to 148 of 2013 in SA.No.1478 of 2000
RMT.TEEKAA RAMAN,J.,
CMP.No.146 of 2012 has been filed to condone the delay of 3545 days in filing an application to set aside the abatement caused due to the death of the second appellant-K.Saravanakumar in the second appeal. CMP No.147 of 2013 has been filed to set aside the abatement caused due to the death of the second appellant-K.Saravanakumar in the above second appeal. CMP.No.148 of 2013 has been filed to bring on record the legal heirs of the second appellantK.Saravanakumar as appellants 3 to 6 in the appeal.
2.Heard both sides. The factum of the death of the second appellantK.Saravanakumar in S.A.No.1478 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
Issues for consideration
2 issues framed by the court
Whether condonation of delay and substitution of legal heirs in an abated second appeal is permitted.
Whether registry orders for amendment of cause title are required for substitution.
Parties & counsel
- applicant
Legal Representatives of K. Saravanakumar
Coram
TEEKAA RAMAN
Case details
As recorded by the court registry
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