Kandasamy v. Ramamoorthy
Case brief
What is this about?
Allowed petitions for condoning 778-day delay in setting aside abatement of Second Appeal and included proposed legal representatives as parties. Ordered cause title amendment and matter post-listing.
What did the court decide?
Condoned delay and impleaded proposed legal representatives as appellants 2 and 3. Directed registry to amend cause title.
What the court decided
C.M.P.Nos.13360, 13362 & 13368 of 2022 in S.A.No.483 of 2013
C.M.P.Nos. 13360, 13362 & 13368 of 2022
in
S.A. No. 483 of 2013
T.V. THAMILSELVI, J.
These petitions have been filed seeking to condone the delay of 778 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 and 3 herein as legal representatives of deceased sole appellant.
- Mr.P.Vasanth, learned counsel for petitioners/appellants submitted that pending appeal, sole appellant died on 01.01.2020. He would submit that as the wife of deceased appellant was sick and his son doing labour work, they not are acquainted with the court proceedings. In view of the same, they have not approached their counsel in time to inform his father's death and to take further action in the above second appeal. However, due to COVID-19 pandemic, there was a delay in obtaining the death certificate and legal heir certificate, and after obtaining the same, they have approached their counsel. In the meanwhile, the delay of 778 days in setting aside the abatement arose and the delay is neither willful nor wanton. Hence, he has filed the above petitions.
Issues for consideration
1 issue framed by the court
Whether condonation of delay for condoning abatement due to death of sole appellant and impleading legal representatives is justified.
Parties & counsel
- appellant
Proposed Appellants 2 and 3
- other
Legal Representatives of deceased sole appellant
Coram
T.V. Thamilselvi
Case details
As recorded by the court registry
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