The single-judge court allowed applications under Section 5 of the Limitation Act to condone delay and set aside abatement due to the death of a respondent in a Second Appeal, directing amendment of the cause title.
Applications allowed; Registry directed to amend cause title within three weeks.
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CMP.Nos.7032 to 7034 of 2018 in S.A.No.78 of 2001
RMT.TEEKAA RAMAN,J.,
CMP.No.7032 of 2018 has been filed to condone the delay of 3648 days in filing an application to set aside the abatement caused due to the death of the
fifth respondent in the second appeal. CMP No.7033 of 2018 has been filed to set aside the abatement caused due to the death of the fifth respondent in the above second appeal. CMP.No.7034 of 2018 has been filed to bring on record the legal heirs of the deceased fifth respondent as respondents 6 and 7 in the appeal.
2.Heard both sides. The factum of the death of the fifth respondent in the appeal in S.A.No.78 of 2001 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.7032 to 7034 of 2018 in
S.A.No.78 of 2001
20.08.2019
3
Unspecified Applicants
第五 Respondent's Legal Heirs
RMT TEEKAA RAMAN J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
