Subramani v. Thangammal
Case brief
What is this about?
This bench allowed petitions to condone delay and admit legal representatives in a second appeal following the death of parties. It also ordered the appointment of a guardian ad litem for a minor respondent and directed registry amendments.
What did the court decide?
Condoned 40-day delay; allowed filing and admission of legal representatives; appointed guardian ad litem; directed registry amendments.
What the court decided
C.M.P.Nos.25303, 25301, 25300, 25304 and 25299 of 2023 in S.A.No.616 of 2015
C.M.P.Nos.25303, 25301, 25300, 25304 and 25299 of 2023 in S.A.No.616 of 2015
K.GOVINDARAJAN THILAKAVADI, J.
These petitions have been filed (i) to condone the delay of 40 days in
filing the petition to set aside the abatement caused by the death of the 1st appellant, (ii) to set aside the abatement caused by the death of the 1st appellant, (iii) to bring on record petitioners 6 to 8 herein, the legal representatives of the deceased 1st appellant in S.A.No.616 of 2015 as appellants 6 to 8 in the Second Appeal, (iv) to bring on record respondents 8 to 10 herein, the legal representatives of the deceased 2nd respondent in S.A.No.616 of 2015 as respondents 8 to 10 in the Second Appeal and (v) to appoint the proposed 8th respondent Annal Santhakumari in Second Appeal as the guardian ad litem of her son, the proposed 10th Respondent Aswin.
- Being satisfied with the reasons stated in the affidavits filed in
support of the above petitions and no objections raised on the side of respondents, these Civil Miscellaneous Petitions are allowed.
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Issues for consideration
3 issues framed by the court
Whether to condone a 40-day delay in filing petitions to set aside abatement caused by the death of an appellant
Whether to permit the bringing on record of legal representatives of deceased parties
Whether to appoint a guardian ad litem for a minor respondent
Parties & counsel
- petitioner
Legal Representatives of 1st Appellant (Petitioners 6-8)
- petitioner
Guardian ad Litem of Aswin (Proposed Petitioner)
- respondent
Legal Representatives of 2nd Respondent (Respondents 8-10)
Coram
Case details
As recorded by the court registry
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