Court allowed three C.M.P.s seeking condonation of delay to set aside abatement caused by the sole appellant's death and implead legal representatives as new appellants.
Petitions allowed; legal representatives impleaded as appellants 2 to 8; registry directed to amend cause title and post matter for hearing.
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C.M.P.Nos.12233, 12237 & 12241 of 2022 in S.A.No.8 of 2019
C.M.P.Nos. 12233, 12237 & 12241 of 2022 in
S.A. No. 8 of 2019
T.V. THAMILSELVI, J.
These petitions have been filed seeking to condone the delay of 483 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 8 herein as legal representatives of deceased sole appellant.
submitted that pending appeal, sole appellant died on 24.10.2020. He would submit that as the deceased appellant only taking care of the above appeal, the proposed appellants are not aware about the pendency of this case and on receipt of information about listing of case during 2nd week of August 2021 from us, they were informed to file the above petitions. Thereafter, after obtaining the death certificate and legal heir certificate, they have sent the details of legal heirs. In the meanwhile, the delay of 483 days in setting
aside the abatement arose. Hence, he has filed the above petitions.
C.M.P.Nos.12233, 12237 & 12241 of 2022 in S.A.No.8 of 2019
and raised her formal objections in allowing this petition.
the reasons assigned in the affidavit, in the interest of justice, all the petitions are allowed. The proposed legal representatives of the sole appellant are impleaded as appellants 2 to 8 in the above Second Appeal.
cause title and post the matter on 26.08.2022.
11.08.2022
rpp
C.M.P.Nos.12233, 12237 & 12241 of 2022 in S.A.No.8 of 2019
T.V.THAMILSELVI, J.
rpp
C.M.P.Nos. 12233, 12237 & 12241 of 2022 in S.A. No. 8 of 2019
11.08.2022
1 issue framed by the court
Whether to condone the delay of 483 days in filing petitions to set aside abatement and implead legal representatives after the sole appellant's death.
Proposed Legal Representatives of Deceased Sole Appellant
Respondents
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
