The single judge condoned a 593-day delay in the appeal caused by the death of the sole appellant, citing pandemic-related hardships. The petitioners were allowed to be brought on record as legal heirs, and the appeal was posted for final hearing.
Delay condoned; petitioners brought on record; appeal posted for final hearing; respondent served with notice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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C.M.P.Nos.2334, 2335 and 2341 of 2023 in S.A.No.1432 of 2007
P.T.ASHA, J
These petitions have been filed by the petitioners to condone the delay of 593 days in setting aside the abatement caused due to the death of the sole appellant; to set aside the abatement caused due to the death of the sole appellant; and to bring on record the petitioners 1 and 2 and the 2nd respondent as legal representatives of the deceased appellant and as appellants 2 and 3 and the 2nd respondent in the above second appeal.
the affidavit filed in support of these petitions as follows:-
“ 6. I submit it is just and necessary that we should
be brought on record as the legal heirs of the deceased appellant. I submit since my father died in Covid pandemic period we could not come to Chennai and meet our advocate. We did not have his cell number. Therefore, it was only on the second week of September 2022, when we received a letter addressed to my father from his advocate that we got his cell number and contacted him. We were asked to come to Chennai. However, my mother was laid down with jaundice and she had to be treated
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with native treatment. My brother 2nd respondent herein did not cooperate with me. Therefore I could come to Chennai and meet my counsel and sign the necessary papers only on 12.11.2022. Thereafter, these petitions have been prepared and are filed.”
08.02.2023
srn
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P.T.ASHA, J
srn
C.M.P.Nos.2334, 2335 and 2341 of 2023 in S.A.No.1432 of 2007
08.02.2023
2 issues framed by the court
Whether delay of 593 days in condoning abatement due to death of sole appellant on account of family hardship and other reasons can be excused.
Whether legal representatives can be brought on record as legal heirs to continue the appeal.
Legal Representatives of the Deceased Appellant
2nd Respondent
PTasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
