Miscellaneous petitions filed to set aside abatement and restore a second appeal dismissed for default due to the appellant's death were dismissed as alleged lethargy and 18-year delay barred relief.
Petitions to set aside abatement, condone delay, and restore the second appeal were dismissed.
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.
S.A.No.2061 of 2001
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Monday, the Twenty First day of December Two Thousand and Twenty PRESENT
The Hon'ble Mr.Justice M.GOVINDARAJ CMP(MD). Nos.8682 to 8684 and 8686 of 2019 in S.A.No.2061 of 2001
Mohamed Ibrahim (Died)
1 M.Alima Biwi 2 M.Sahul Hammed 3 M.Kamarunnissa ...Petitioners/Appellants in all cases
Vs
Thuvarnkurichi Muslim Public, Rep.By Mohammed Ali,
...Respondent/Respondent in all cases
Prayer in CMP(MD).No.8682 of 2019:-
Civil Miscellaneous Petition is filed under order 41 Rule 19 of Civil Procedure Code, praying this Hon'ble Court to set aside the order and restore the SA(MD)No.2061 of 2001 which was dismissed on 05.08.2019 for default.
Prayer in CMP(MD).No.8683 of 2019 :
Civil Miscellaneous Petition is filed under section 5 of Limitation Act, praying this Hon'ble Court to condone the delay of 6647 days in filing the petition to set aside the abatement of the appeal caused due to the death of the sole appellant.
Prayer in CMP(MD).No.8684 of 2019 :
Civil Miscellaneous Petition is filed under order 22 Rule 9(2) of Civil Procedure Code, praying this Hon'ble Court to set aside the abatement of the appeal caused due to the death of the sole appellant.
Prayer in CMP(MD). 8686/ 2019 :
Civil Miscellaneous Petition is filed under order 22 Rule 3 of Civil Procedure Code, praying this Hon'ble Court to bring on record the proposed appellants 1 to 3 legal heirs of the deceased sole appellant and rank them as 1st to 3rd appellants in the appeal.
Prayer in SA. 2061 of 2001 :
Second Appeal is filed under section 100 of CivilProcedure code, praying this Hon'ble Court to set-aside the Judgement and decree dated 17/04/2000 made in A.S.No.444 of 1999 on the file of https://hcservices.ecourts.gov.in/hcservices/ the Principal Subordinate Judge, Tiruchirappalli, reversing the
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S.A.No.2061 of 2001
Judgement and decree dated 29/07/1997 made in O.S.No.404 of 1992 on the file of the District Munsif, Manapparai.
ORDER:-
Civil Miscellaneous Petitions coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. AL.Gandhimathi, Advocate for the Petitioner (in all cases) and of Mr.K.Govindarajan, Advocate For M/s.Sarvabhauman Associates, Advocate for the respondent (in all cases), this Court made the following order:
CMP(MD).No.8682 of 2019 is filed to set aside the order and restore the above Second Appeal, which was dismissed for default on 05.08.2020 along with the applications to condone the delay of 6647 days in filing a petition to set aside the abatement caused due to the death of the sole appellant and to set aside the abatement and to bring on record the LRs of the deceased sole appellant.
Sd/Assistant Registrar (CO)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
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S.A.No.2061 of 2001
To
1 The Principal Subordinate Judge, Tiruchirappalli
2 The District Munsif, Manapparai.
ORDER DATED : 21/12/2020
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CMP(MD). Nos.8682 to 8684 of 2019 in
S.A.No.2061 of 2001
Giving direction and etc.
NS(CO)
NR (04/01/2020) 3P : 3C
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3 issues framed by the court
Whether petitions to set aside abatement caused by death and restore dismissed appeal after 18 years of delay are maintainable in light of litigant's lethargy.
Whether condonation of delay of 6647 days is permissible for filing petition to set aside abatement.
Whether MIS petitions under Order 22 Rule 9(2) and Rule 3 CPC allowing substitution of legal heirs can be granted given the 18-year lapse.
5 provisions across 2 enactments
Moh. Ibrahim (Died) M.Alima Biwi M.Sahul Hammed M.Kamarunnissa
Thuvarnkurichi Muslim Public
M. GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
