Court condoned a 278-day delay under the Limitation Act in three connected petitions seeking to set aside an abatement order and implead legal heirs due to the death of a respondent.
Petitions allowed; Registry to amend records; matter listed for final hearing on 08.03.2022.
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C.M.P.Nos.608, 609 & 610 of 2022 in S.A.No.99 of 2010
C.M.P.Nos.608, 609 & 610 of 2022 in S.A.No.99 of 2010
R. HEMALATHA, J.
These petitions are filed (i)under Section 5 of the Limitation Act, to condone the delay of 278 days in filing the petition to set-aside the order of the abatement caused due to the death of the second respondent (ii) to set-aside the order of the abatement caused due to the death of the second respondent (iii) to bring on record the legal heirs of the deceased second respondent and as fourth respondent in C.M.P.No.10915 of 2020 in the above appeal, respectively.
2.The learned counsel for the respondents did not raise any serious objection and this Court is satisfied with the reasons assigned in the affidavit filed in support of these petitions. Hence, these petitions are allowed.
3.The Registry is directed to carryout necessary amendments in the Second Appeal No.99 of 2010 and list the matter for final hearing on 08.03.2022.
14.02.2022
mtl
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C.M.P.Nos.608, 609 & 610 of 2022 in S.A.No.99 of 2010
R. HEMALATHA, J.
mtl
C.M.P.Nos.608, 609 & 610 of 2022 in S.A.No.99 of 2010
14.02.2022
2/2
1 issue framed by the court
Whether to condone a delay of 278 days in filing petitions to set-aside an order of abatement caused by death.
1 provisions across 1 enactments
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
