The Court allowed three C.M.P. petitions to condone a substantial delay of 587 days in applying to set aside an order of abatement. The Court also directed the registry to bring the legal heirs of the deceased fourth respondent on record.
Petitions allowed; Registry directed to amend Record and list matter after four weeks.
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C.M.P.Nos.7644, 7645 & 7646 of 2017 in S.A.No.292 of 2011
C.M.P.Nos. 7644, 7645 & 7646 of 2017 in
S.A.No.292 of 2011
R. HEMALATHA, J.
These petitions are filed (i) to condone the delay of 587 days in filing the application to set-aside the order of the abatement caused due to the death of the fourth respondent (ii) to set-aside the order of the abatement caused due to the death of the fourth respondent (iii) to bring on record the legal heirs of the deceased fourth respondent and rank them as respondents 5 to 7, 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
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C.M.P.Nos.7644, 7645 & 7646 of 2017 in S.A.No.292 of 2011
R. HEMALATHA, J.
ham/mtl
C.M.P.Nos. 7644, 7645 & 7646 of 2017
in
S.A.No.292 of 2011
07.10.2021
2/2
3 issues framed by the court
Whether to condone the delay of 587 days in filing the application to set-aside the order of abatement.
Whether to bring on record the legal heirs of the deceased fourth respondent.
Whether to rank the legal heirs as respondents 5 to 7 in the second appeal.
Legal Heirs/Third Respondents
Three unnamed Respondents
R. HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
