The Court allowed three C.M.P. petitions to condone a delay of 1136 days in filing an appeal to set aside abatement caused by the appellant's death, noting that respondents had already impleaded the legal representatives in execution proceedings.
Conditional allowance of petitions to condone delay for abatement by death and to add legal representatives as parties.
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C.M.P.Nos.5431, 3439 and 5435 of 2021 in S.A.No.708 of 2005 P.T. ASHA, J,
The above petitions are filed to condone the delay of 1136 days in filing the petition to set aside the abatement caused by the death of the appellant, to set aside the abatement caused by the death of the appellant and to permit the petitioners 1 and 2 to bring them on record as the legal representatives of the deceased appellant in the above Second Appeal.
2.It has been now brought to the notice of this Court that the respondents have themselves impleaded the proposed parties as the legal representatives of the deceased 1st Judgment Debtor in the execution proceedings.
Considering the above, these petitions are allowed.
03.01.2023
mps Note to office:
The Registry is directed to carry out necessary amendment in the Second Appeal.
1/1
1 issue framed by the court
Whether the petitions seeking condonation of delay for abatement due to the appellant's death should be allowed when the respondents have impleaded the proposed legal representatives in execution proc
P.T. ASHA
1st Judgment Debtor (deceased)
P.T. ASHA
As recorded by the court registry
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