S.S.Hameed v. K.Kamalambal
Case brief
What is this about?
Court allowed condonation of delay for condoning abatement and impleading legal heirs of a deceased appellant. It also treated existing respondents as legal heirs of a deceased first respondent without a fresh application.
What did the court decide?
CMPs allowed; registry directed to amend cause titles to reflect legal heirs of deceased appellant and first respondent.
What the court decided
CMP.Nos.12722, 12725 & 12726 of 2020 in SA.No.633 of 2010
CMP.Nos.12722, 12725 & 12726 of 2020 in SA.No.633 of 2010
C.KUMARAPPAN, J
These petitions have been filed to condone the delay of 522 days in filing the set aside the abatement, and to bring on record the legal heirs of 1st appellant respectively in the above Second Appeal.
- The learned counsel for the petitioners/appellants would submit that the petitioners 4 to 9 are the legal heirs of the first appellant. Therefore, on the death of the first appellant, the petitioners 4 to 9 to be impleaded as the appellants 4 to 9.
- Having considered the submission made by the learned counsel for
the petitioners and having satisfied with the same, this Court is inclined to allow all the applications.
- In the result, these CMPs are allowed. Registry is directed to make necessary amendment in the cause title.
CMP.Nos.12722, 12725 & 12726 of 2020 in SA.No.633 of 2010
Issues for consideration
2 issues framed by the court
Whether delay in filing applications to condone abatement and implead legal heirs of a deceased appellant can be condoned
Whether legal heirs of a deceased first respondent need to be formally impleaded when they are already on record
Parties & counsel
- applicant
Petitioners/Appellants 4 to 9
- other
First Appellant
- respondent
First Respondent / Respondents 2 to 5
Coram
Case details
As recorded by the court registry
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