C. Duraisamy v. Kandasamy
Case brief
What is this about?
An application under CMP.No.21448 of 2023 in SA.No.58 of 2015 was filed to set aside abatement caused by the death of the 2nd respondent. The court condoned the delay in filing and allowed the petition.
What did the court decide?
Delay was condoned and the petition to set aside the abatement caused by the death of the 2nd respondent was allowed.
What the court decided
CMP.No.21448 of 2023 in SA.No.58 of 2015
J. SATHYA NARAYANA PRASAD, J.
This petition has been filed to set aside the abatement caused due to the death of the 2nd respondent (V.Kalyanasundaram) in the above appeal.
- Heard both sides.
- Being satisfied with the reasons stated in the affidavit filed in support of this petition, the delay is condoned and the petition is allowed.
05.10.2023 dpq (3/3)
Issues for consideration
2 issues framed by the court
Whether the delay in filing the application to set aside abatement is condonable.
Whether the cause of action for abatement in SA.No.58 of 2015 is revived upon the death of the 2nd respondent.
Parties & counsel
- applicant
Applicant
- respondent
2nd Respondent (Deceased)
Coram
J. SATHYA NARAYANA PRASAD
Case details
As recorded by the court registry
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