Vs Palaniammal
Case brief
What is this about?
Two sets of condonation petitions were disposed of. The first accommodated delay and substituted legal representatives for deceased appellants. The second condoned significant delay to add legal representatives for a deceased respondent, permitting substituted service publication in the Tamil Daily Makkal Kural.
What did the court decide?
Condonation of delay and direction to register legal representatives of deceased appellants and respondent; registry directed to carry out amendments.
What the court decided
C.M.P.Nos.18724, 18725 & 18726 of 2001 in S.A.No.1535 of 2000 P.T.ASHA, J.,
The above petitions are filed to condone the delay of 235 days in filing the above petition, to set aside the abatement caused due to death of the 2nd appellant and to bring on record the petitioners 4 to 8 as the LRs of the deceased 2nd appellant as the proposed appellants 5 to 9 in the above appeal.
- Considering the fact that the sufficient reasons have been given in the affidavit filed in support of the petitions. Hence, the above petitions are ordered as prayed for.
- While these petitions were pending the 1st appellant (K.M.Subramanian) had passed away. The sons of the deceased 1st appellant are the deceased 2nd appellant and the 3rd appellant.
- Considering the fact that the LRs of the deceased 1st appellant are already on record, now the appellants 3 to 9 are recorded as the LRs of the deceased 1st appellant.
- The Registry is directed to carry out the necessary amendment.
shr
C.M.P.Nos.1496, 1497 & 1498 of 2010 in
Issues for consideration
2 issues framed by the court
Whether delay in filing condonation petition can be excused on grounds of death of appellants and substitution of legal representatives.
Whether order to condone delay in filing petition to bring legal representatives on record after death of sole respondent should be passed.
Parties & counsel
- appellant
K.M.Subramanian
Coram
P.T.Asha
Case details
As recorded by the court registry
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