Kamalakumar v. Mallika
Case brief
What is this about?
Allowed three consignment applications to condone delay and set aside abatement in a second appeal due to the death of an appellant, and directed amendment of the cause title.
What did the court decide?
All applications CMP.Nos.565 to 567 of 2013 are allowed. Registry directed to amend cause title within three weeks.
What the court decided
1
CMP.Nos.565 to 567 of 2013 in S.A.No.2218 of 2003
RMT.TEEKAA RAMAN,J.,
CMP.No.565 of 2013 has been filed to condone the delay of 3009 days in filing an application to set aside the abatement caused due to the death of the third appellant in the second appeal. CMP No.566 of 2013 has been filed to set aside the abatement caused due to the death of the third appellant in the above second appeal. CMP.No.567 of 2013 has been filed to bring on record the legal heirs of the deceased third appellant as appellants 5 to 7 in the appeal.
2.Heard both sides. The factum of the death of the third appellant in the appeal in S.A.No.2218 of 2003 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 within a period of three weeks.
16.08.2019
nvi
Issues for consideration
2 issues framed by the court
Whether delays in filing applications to condone abatement due to death of an appellant or to substitute legal heirs can be condoned.
Whether the applications should be allowed in the interest of justice.
Coram
RMT.TEEMAKA RAMAN
Case details
As recorded by the court registry
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