Subbiah (Deceased) Vs
Case brief
What is this about?
The High Court condoned a delay of 295 days in filing a C.R.P. (NPD). The delay was attributed to the death of the petitioner's father during the pendency of the first appeal, necessitating the legal heirs to initiate proceedings. The court found the reason acceptable.
What did the court decide?
Delay of 295 days was condoned and the revision petition was ordered to proceed.
What the court decided
C.M.P.No.2179 of 2018
C.M.P.No.2179 of 2018 in C.R.P.(NPD)SR.No.76814 of 2017
R.SURESH KUMAR, J.
This is a petition to condone the delay of 295 days in filing the CRP.(NPD)Sr.No.76814 of 2017.
2.Before filing the main CRP, the father of the petitioner, who
was originally the party in the suit filed the first appeal before the First Appellate Court and after filing the first appeal, the father died. Therefore, the legal heirs had to take up the issue and to prefer this main revision petition, therefore, there has been a delay in filing the CRP.
3.I have considered the said submission made by the learned
counsel appearing for the petitioners and perused the reasons stated therein.
4.Though notice had been served on the respondent and the
name of the respondent had been shown in the cause list, when the case is called, no one is present.
1/2
Issues for consideration
1 issue framed by the court
Whether the delay of 295 days in filing the revision petition is condonable on account of the death of the original party during the pendency of the first appeal.
Parties & counsel
- petitioner
Legal Heirs of the Father of the Petitioner
- respondent
Respondent
Coram
RSURESH KUMAR
Case details
As recorded by the court registry
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