Padma v. S.Sampath
Case brief
What is this about?
The learned Single Judge allowed three C.M.Ps to condone delay, set aside abatement due to the sole appellant's death, and admit legal representatives as co-appellants. The registry was directed to amend the cause title.
What did the court decide?
Condonation of 1266 days delay, setting aside abatement, and admission of proposed parties 2-4 as legal representatives allowed. Registry directed to amend cause title.
What the court decided
1
C.M.P.Nos.15856, 15859 and 15860 of 2021 in S.A.No.1057 of 2012
RMT.TEEKAA RAMAN,J.,
CMP No.15856 of 2021 has been filed to condone the delay of 1266 days in filing the petition; C.M.P.No.15859 of 2021 has been filed to set aside the abatement caused due to the death of the sole appellant and C.M.P.No.15860 of 2021 has been filed to bring on record the proposed petitioners 2 to 4 herein, as the legal representatives of the deceased sole appellant and rank them as appellants 2 to 4 in the above Second Appeal.
2.Heard both sides. The factum of the death of the sole appellant-Padma in the appeal in S.A.No.1057 of 2012 and the proposed parties are their legal representatives are not in dispute.
3.Considering the submissions made on behalf of the learned counsel for the applicants and on being satisfied with the reasons stated in the affidavit filed in support of this application, in the interest of justice, this petition is allowed.
4.Registry is directed to carry out the necessary amendment in the cause title within a period of three weeks.
02.12.2021
nvi
Issues for consideration
3 issues framed by the court
Whether condonation of delay, setting aside abatement due to death, and bringing legal representatives on record can be allowed in the interest of justice.
Who are the proper parties to represent the deceased appellant.
Whether the High Court registry should be directed to amend the cause title.
Parties & counsel
- applicant
Legal Representatives of Padma
Coram
R.M.TeeKaa Raman
Case details
As recorded by the court registry
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