This order passed Common Minds connected Petitions for delaying the filing of Second Appeal and setting aside abatement due to death arising death of respondent in SA No 634 of 2003. The court allowed petitions to condone delay and bring new respondents on record.
Petitions allowed; Registry directed to amend; new parties to be served by 13.03.2023.
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.
C.M.P.No.5213, 5214, 5215 & 5217 of 2019
C.M.P.No.5213, 5214, 5215 & 5217 of 2019 in S.A.No.634 of 2003
P.T. ASHA. J,
C.M.P.No.5213 of 2019 is filed to condone the delay of 4874
days in filing the petition to set aside the abatement caused due to death of the 1st respondent in S.A.No.634 of 2003.
caused due to the death of the 1st respondent in S.A.No.634 of 2003.
respondents 5 to 8 as the legal representatives of the deceased 1st respondent and rank them as respondents 5 to 8 in S.A.No.634 of 2003.
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C.M.P.No.5213, 5214, 5215 & 5217 of 2019
proposed respondents 9 to 10 as the legal representatives of the
deceased 4th respondent and rank them as respondents 9 to 10 in S.A.No.634 of 2003.
However, there is no appearance on their behalf.
Registry is directed to carry out necessary amendment.
parties in the Second Appeal returnable by 13.03.2023.
08.02.2023
kan
2/4
C.M.P.No.5213, 5214, 5215 & 5217 of 2019
P.T. ASHA. J,
kan
C.M.P.No.5213, 5214, 5215 & 5217 of 2019 in S.A.No.634 of 2003
3/4
C.M.P.No.5213, 5214, 5215 & 5217 of 2019
08.02.2023
4/4
2 issues framed by the court
Whether to condone delay in setting aside abatement due to death of a party.
Whether to implead legal representatives in a Second Appeal.
P.T. ASHA
1ST RESPONDENT IN S.A.No.634 of 2003
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
