Kambadasan v. Chinnappan
Case brief
What is this about?
The High Court condoned a delay of 1282 days in filing appeal regularisation petitions seeking to subrogate the sole appellant of a Second Appeal to his legal representatives due to his death and pandemic-induced circumstances.
What did the court decide?
Condona of 1282 days delay; impleadment of appellants 2 to 6 as legal representatives; amendment of cause title; matter posted on 17.08.2022.
What the court decided
C.M.P. Nos.11691, 11697 & 11705 of 2022 in S.A.Nos.1040 & 1005 of 2013
C.M.P.Nos.11691, 11697 & 11705 of 2022
in
S.A. Nos. 1040 & 1005 of 2013
T.V. THAMILSELVI, J.
These petitions are filed seeking to condone the delay of 1282 days in filing the petition to set aside the abatement, to set aside the abatement caused due to the death of sole appellant, and to bring on record the proposed appellants 2 to 6 herein as legal representatives of deceased sole appellant.
- Mr.P.Sidharthan, learned counsel for petitioners/appellants submitted that pending appeal, sole appellant died on 08.08.2018. He would submit that he has sought details of death certificate and legal heir certificate from the 2nd appellant, however, he has also shifted his office from law chambers to National Insurance building, thereby, this case bundle was mixed up with disposed bundles. Further, during the year 2020 and 2021, Covid-19 pandemic arose. Hence, the delay of 1282 days arose and the delay is neither willful nor wanton. Hence, he has filed the above petitions.
C.M.P. Nos.11691, 11697 & 11705 of 2022 in S.A.Nos.1040 & 1005 of 2013
Issues for consideration
2 issues framed by the court
Whether the delay of 1282 days in filing the regularisation petition for abatement can be condoned for bringing legal representatives on record.
Whether the cause title and pleadings require amendment upon regularisation of the legal representatives of the deceased appellant.
Parties & counsel
- petitioner
T.V. THAMILSELVI
- respondent
Respondents 2 to 5
Coram
T.V. THAMILSELVI
Case details
As recorded by the court registry
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