The court held that petitions seeking to condone delay in setting aside abatement caused by the death of a respondent are not maintainable because the lower appellate court judgment was rendered after the death occurred.
Petitions are dismissed with liberty to file appropriate application as per Code of Civil Procedure.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Wednesday, the Twenty Fourth day of November Two Thousand Twenty
One
PRESENT
THE HON`BLE MR.JUSTICE RMT.TEEKAA RAMAN
CMP.Nos.12131, 12132 & 12133 of 2016
in S.A.No.886 of 2015
SOUNDARARAJAN [ PETITIONER IN ALL THE PETITIONS]
Vs
1 SAMPATH [ RESPONDENTS IN ALL THE PETITIONS]
2 MUNIYAMMAL (DIED)
3 BALAKRISHNAN
4 JAYAKUMAR
5 VIJAYAKUMAR
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 651 days in filing the application to set aside the abatement caused the above second appeal due to the death of 2nd respondent, namely deceased Muniammal and thus render Justice [in CMP.No.12131 of 2016];
Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.GOUTHAMAN, Advocate for the petitioner in all the petitions and of MR.G.JEREMIAH, Advocate on for the Respondents in all the petitions, the court made the following order:-
Mr.G.Jeremiah, the learned counsel for the respondents would submit that the second respondent herein died on 06.06.2014 and that the Judgment rendered by the Lower Appellate Court on 03.03.2015 and hence, the petitions as such framed does not maintainable.
2.In view of the submission made by the learned counsel for the respondents, these petitions are not maintainable. Hence, these petitioners are closed, however, a liberty is given to the appellant to file appropriate application as per Code of Civil Procedure.
-sd/-
24/11/2021
/ TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO
1 THE DISTRICT MUNSIF, ARAKKONAM, VELLORE DISTRICT
2 THE SUBORDINATE JUDGE, ARAKKONAM
Order
in
CMP.Nos.12131, 12132 & 12133 of 2016
in S.A.No.886 of 2015
Date :24/11/2021
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RA 29/11/2021
1 issue framed by the court
Whether petitions to condone delay in setting aside abatement due to death are maintainable since the second appeal judgment was rendered after the death.
SOUNDARARAJAN
SAMPATH
MUNIYAMMAL
BALAKRISHNAN
JAYAKUMAR
VIJAYAKUMAR
RMT.TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
