R.Anbalagan v. Karuppaya
Case brief
What is this about?
The court allowed applications to condone delay and set aside abatement caused by the death of a respondent in a second appeal to bring legal heirs on record.
What did the court decide?
All applications were allowed. Registry directed to amend the cause title.
What the court decided
1
CMP.Nos.45 to 47 of 2012 in SA.No.1134 of 1997
RMT.TEEKAA RAMAN,J.,
CMP.No.45 of 2012 has been filed to condone the delay of 5269 days in
filing an application to set aside the abatement caused due to the death of the second respondent/Kunchithapatham in the second appeal. CMP.No.46 of 2012 has been filed to set aside the abatement caused due to the death of the second respondent/Kunchithapatham in the above second appeal. CMP.No.46 of 2012
has been filed to bring on record the legal heirs of the second respondent/Kunchithapatham as respondents 3 to 7 in the appeal.
2.The factum of the death of the second respondent/Kunchithapatham in the appeal in S.A.No.1134 of 1997 and proposed parties are their legal representatives are not in dispute.
3.Considering the submissions made by 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.
Coram
Rmt. Teeka Raman, J.
Case details
As recorded by the court registry
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