The court granted orders to condone a substantial delay in filing a petition to set aside abatement caused by the death of a respondent and directed the registry to add legal representatives and resume proceedings in the underlying Civil Revision case.
Order granted to condone the delay of 796 days; legal representatives to be added; cause posted for hearing.
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C.M.P.Nos.15583 to 15585 of 2019 in C.R.P.(NPD).No.2350 of 2004
C.M.P.Nos.15583 to 15585 of 2019 in C.R.P.(NPD).No.2350 of 2004
V.M.VELUMANI, J.
C.M.P.Nos.15583 to 15585 of 2019 have been filed to condone the delay of 796 days in filing the petition to set aside the abatement caused due to the death of the 4th respondent Sellappa Gounder in C.R.P.(NPD).No.2350 of 2004, to set aside the abatement caused due to death of the 4th respondent Sellappa Gounder in C.R.P.(NPD).No.2350 of 2004 and to bring the respondents 13 to 16 on record as the legal representative of the 4th respondent Sellappa Gounder in C.R.P.(NPD).No.2350 of 2004.
2.Heard the learned counsel appearing for the petitioners.
3.Though notice has been served on the respondents 13 to 16 and their names are printed in the cause list, there is no representation for them either in person or through counsel.
4.Being satisfied with the reasons stated in the affidavit filed in support of C.M.P.No.15583 of 2019, the said C.M.P.No.15583 of 2019 is ordered. In view of the order passed in C.M.P.No.15583 of 2019, C.M.P.Nos.15584 & 15585 of 2019 are also ordered.
5.Registry is directed to carry out necessary amendment in C.R.P.(NPD).No.2350 of 2004 and post the C.R.P.(NPD).No.2350 of 2004 for hearing on 27.01.2022.
12.01.2022 (½)
krk
C.M.P.Nos.15583 to 15585 of 2019 in C.R.P.(NPD).No.2350 of 2004
V.M.VELUMANI, J.
krk
C.M.P.Nos.15583 to 15585 of 2019 in C.R.P.(NPD).No.2350 of 2004
(½)
12.01.2022
2 issues framed by the court
Whether the delay of 796 days in filing a petition to set aside abatement caused by death can be condoned.
Whether legal representatives of the deceased respondent should be brought on record.
Petitioners
Respondents 13 to 16
Sellappa Gounder
V.M.Velumni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
