The court allowed three compromise applications filed in 2007: condoning a significant delay in setting aside abatement, setting aside that abatement, and adding the deceased appellant's legal heirs as respondents in the underlying second appeal.
Delay of 865 days condoned; abatement set aside; legal heirs added as respondents; cause title amended.
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.565 to 567 of 2007 in S.A.No.702 of 2001
RMT.TEEKAA RAMAN,J.,
CMP.No.565 of 2007 has been filed to condone the delay of 865 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.566 of 2007 has been filed to set aside the abatement caused due to the death of the first respondent in the above second appeal. CMP.No.567 of 2007 has been filed to bring on record the legal heirs of the deceased first respondent as respondents 2 to 7 in the appeal.
2.The factum of the death of the first respondent viz., Perumal Udayar in S.A.No.702 of 2001 and the respondents 2 to 7 are his 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 within a period of three weeks.
22.08.2019
nvi
2
RMT.TEEKAA RAMAN,J.,
nvi
CMP.Nos.565 to 567 of 2007 in
S.A.No.702 of 2001
22.08.2019
3
3 issues framed by the court
Whether to condone a delay of 865 days in filing an application to set aside abatement caused by the death of a party.
Whether to set aside the abatement caused due to the death of the first respondent in the second appeal.
Whether to bring the legal heirs of the deceased first respondent on record as respondents in the appeal.
Applicants
Legal Heirs
Perumal Udayar
Respondents 2 to 7
RMT. Theekaa Ramana J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
