The court allowed CMPs to set aside abatement in a second appeal due to the death of an appellant and directed substituting the legal heirs as new appellants with a listing order.
The petitions were allowed and the Registry directed to amend the Second Appeal record to add legal heirs as appellants.
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.
C.M.P.Nos.11105 & 11103 of 2019 in S.A.No.292 of 2011
C.M.P.Nos.11105 &11103 of 2019 in S.A.No.292 of 2011
R. HEMALATHA, J.
These petitions are filed (i) to set-aside the order of the abatement caused due to the death of the third appellant (ii) to bring on record the legal heirs of the deceased third appellant and rank them as appellants 4 to 6, respectively in the second appeal.
2.The learned counsel for the respondents did not raise any serious objection and this Court is satisfied with the reasons assigned in the affidavit filed in support of these petitions. Hence, these petitions are allowed.
3.The Registry is directed to carryout necessary amendments in the Second Appeal No.292 of 2011 and list the matter after four weeks.
07.10.2021
ham/mtl
1/2
C.M.P.Nos.11105 & 11103 of 2019 in S.A.No.292 of 2011
R. HEMALATHA, J.
ham/mtl
C.M.P.Nos.11105 &11103 of 2019
in
S.A.No.292 of 2011
07.10.2021
2/2
1 issue framed by the court
Whether to set aside the order of abatement due to the death of the third appellant.
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
