T.R.Govindan v. K.Ganesan
Case brief
What is this about?
The court allowed Civil Miscellaneous Petitions to condone a 36-day delay. Following the death of the sole petitioner, the court recalled a prior dismissal order and impleaded the deceased's legal representatives as petitioners 2 and 3.
What did the court decide?
Previous order dismissing C.R.P. recalled; delay of 36 days condoned; proposed legal representatives impleaded as petitioners 2 and 3.
What the court decided
C.M.P. Nos. 15594, 15595 & 15596 of 2022 in C.R.P. No. 1662 of 2019
C.M.P. Nos. 15594, 15595 & 15596 of 2022 in
C.R.P. No. 1662 of 2019
T.V.THAMILSELVI, J.
These Civil Miscellaneous Petitions have been filed seeking to condone the delay of 36 days in filing the petition to set aside the abatement, to set aside the abatement caused due to the death of sole petitioner, and to bring on record the proposed petitioners 2 and 3 herein as
legal representatives of deceased sole petitioner.
- Today, when the matter taken up for hearing, the learned counsel
for petitioner appeared and reported that the sole petitioner died on 23.10.2021. He would submit that since there was a grief in the house of proposed petitioners 2 and 3, they could not file a petition to set aside the abatement within a stipulated period, and the delay of 36 days arose. Hence, he has filed the above petitions on 05.09.2022 and the same were numbered, however, the same were not put up with the above C.R.P. Therefore, he prayed to allow the above petitions and the amendments may be carried out in the cause title.
1/3
Issues for consideration
1 issue framed by the court
Whether an order dismissing a petition without impleading legal heirs can be set aside to condone delay due to the death of the sole petitioner.
Parties & counsel
- petitioner
The Proposed Petitioners 2 and 3 (Legal Representatives)
- respondent
The Respondents
Coram
T.V. THAMISELVI
Case details
As recorded by the court registry
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