This order allowed CMPs to condone delay exceeding 1547 days for setting aside abatement in a second appeal caused by a party's death, and to bring legal heirs on record.
Condonation of delay and setting aside abatement allowed; application to bring legal heirs on record allowed; registry directed to amend cause title within 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.4 to 6 of 2015 in S.A.No.2141 of 2003
RMT.TEEKAA RAMAN,J.,
CMP.No.4 of 2015 has been filed to condone the delay of 1547 days in filing an application to set aside the abatement caused due to the death of the first respondent in the second appeal. CMP No.5 of 2015 has been filed to set aside the abatement caused due to the death of the first respondent in the above second appeal. CMP.No.6 of 2015 has been filed to bring on record the legal heirs of the deceased first respondent as respondents 5 to 11 in the appeal.
2.Heard both sides. The factum of the death of the first respondent in the appeal in S.A.No.2141 of 2003 and their legal representatives of the deceased 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 within a period of three weeks.
20.08.2019
nvi
2
RMT.TEEKAA RAMAN,J.,
nvi
CMP.Nos.4 to 6 of 2015 in
S.A.No.2141 of 2003
20.08.2019
3 issues framed by the court
Whether condonation of delay and setting aside abatement in a second appeal due to the death of a party should be allowed when reasons are stated in an affidavit.
Whether legal heirs of a deceased party can be brought on record.
Whether the registry should be directed to amend the cause title to reflect the death and new respondents.
TEEKA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
