Shanmugam v. Kamal
Case brief
What is this about?
The Single Judge allowed petitions to condone a 646-day delay in filing an appeal seeking to set aside abatement caused by the death of a respondent and implead legal representatives, finding the explanation satisfactory.
What did the court decide?
Petitions allowed; proposed legal representatives impleaded as respondents 9 to 11.
What the court decided
C.M.P.Nos.12747, 12749 & 12750 of 2022 in S.A.No.214 of 2013
C.M.P.Nos. 12747, 12749 & 12750 of 2022
in S.A. No. 214 of 2013
T.V. THAMILSELVI, J.
These petitions have been filed seeking to condone the delay of 646 days in filing the petition to set aside the abatement, to set aside the abatement caused due to the death of 5th respondent, and to bring on record the proposed respondents 9 to 11 herein as legal representatives of deceased 5th respondent.
- Ms.R.Meenal, learned counsel for petitioners/appellants submitted that pending appeal, 5th respondent died on 22.05.2020. He would submit that due to ignorance, the appellants failed to inform the death of 5th respondent to their counsel. Therefore, they could not take steps in time and after great difficulty, they have collected the particulars of his legal heirs and gave the same to the counsel on record for filing necessary petition. In the meanwhile, the delay of 646 days in setting aside the abatement arose. Hence, he has filed the above petitions.
C.M.P.Nos.12747, 12749 & 12750 of 2022 in S.A.No.214 of 2013
Issues for consideration
1 issue framed by the court
Whether the delay of 646 days in filing petitions to set aside abatement and implead legal representatives deserves condonation in interest of justice.
Parties & counsel
- other
T.V. Thamilselvi
- petitioner
Petitioners/Appellants
- respondent
Respondents 1, 3, 4 and 6 to 8
- respondent
Proposed legal representatives of the 5th respondent
Coram
Case details
As recorded by the court registry
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