The Court condoned a delay of 910 days in filing a special appeal to set aside abatement caused by the death of the sole appellant. The petition to set aside abatement and implead legal representatives was allowed.
Petition to set aside abatement and to bring legal representatives on record allowed; delay of 910 days condoned.
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C.M.P.Nos.5507, 5509 & 5512 of 2020 in S.A.No.336 of 2003
C.M.P.Nos.5507, 5509 & 5512 of 2020
in S.A.No.336 of 2003
DR.G.JAYACHANDRAN,J. (The case has been heard through video conference)
These applications are taken out by the sole appellant to condone delay of 910 days in filing the petition to set aside the abatement caused due to death of the sole appellant and to bring the legal representative of the deceased sole appellant.
2. In these Applications, there is a delay of 910 days now sought to be condoned. Perused the affidavit.
3. Considering the reason given for condoning the delay, this Court allow the petition in C.M.P.No.5507 of 2020 to condone the delay of 910 days in filing the petition to set aside the abatement. Consequently, the petitions to set aside the abatement and to bring on record of the legal representatives are allowed.
4. The learned counsel for the Appellant is directed to take Private Notice on the impleaded respondent Nos.1 to 3 in S.A.No.336 of 2003 returnable by four weeks.
DR.G.JAYACHANDRAN,J.
C.M.P.Nos.5507, 5509 & 5512 of 2020 in S.A.No.336 of 2003
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5. Post this matter after four weeks.
06.08.2020
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Note: The Registry is directed to carry out necessary amendment. Print the name of Mr.N.Palanisamy, learned counsel for the appellant and delete the name of Mr.Srinivasan, learned counsel for the appellant.
C.M.P.Nos.5507, 5509 & 5512 of 2020
in S.A.No.336 of 2003
06.08.2020
2 issues framed by the court
Whether the delay of 910 days in filing the petition to set aside the abatement should be condoned.
Whether the petition to bring the legal representative of the deceased sole appellant on record should be allowed after condoning the delay.
DR.G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
