Murugavel v. Kasthuri
Case brief
What is this about?
The court allowed compounding orders seeking to condone a delay of 1296 days in filing a petition to implead legal representatives of a deceased respondent. The court impleaded proposed respondents and directed service of notice.
What did the court decide?
The petitions were allowed; proposed legal representatives were impleaded as respondents 5 to 8.
What the court decided
C.M.P. Nos. 15585, 15592 & 15593 of 2022 in C.R.P. No. 20 of 2017
C.M.P.Nos.15585, 15592 & 15593 of 2022
in
C.R.P. No. 20 of 2017
T.V. THAMILSELVI, J.
These petitions have been filed seeking to condone the delay of 1296 days in filing the petition to implead the legal representatives of deceased 3rd respondent, to set aside the abatement caused due to the death of 3rd respondent, and to bring on record the proposed respondents 5 to 8 herein as legal representatives of deceased 3rd respondent.
- Mr.S.Senthilnathan, learned counsel for petitioners herein submitted that on receipt of memo from the learned counsel for respondents, they came to know that pending Civil Revision Petition, 3rd respondent died on 17.08.2018. He would submit that inadvertently the petitioner did not follow the case, and only recently, he contacted the counsel and taken steps to bring the legal heirs on record. However, the delay of 1296 days arose and the delay is neither willful nor wanton. Hence, he has filed the above petitions.
C.M.P. Nos. 15585, 15592 & 15593 of 2022 in C.R.P. No. 20 of 2017
Issues for consideration
1 issue framed by the court
Whether the delay of 1296 days in impleading legal representatives of a deceased party can be condoned.
Parties & counsel
- other
T.V. Thamilselvi
- petitioner
Petitioners
- respondent
Proposed respondents 5 to 8
Coram
Case details
As recorded by the court registry
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