Visalakshmi v. Somu
Case brief
What is this about?
Allowed petitions to condone a 62-day delay, set aside abatement caused by a respondent's death, and directed to bring legal representatives on record. Issued notices and fixed notice for subsequent hearing.
What did the court decide?
Petitions allowed; notice issued returnable within three weeks; matter posted for hearing.
What the court decided
CMP.Nos. 9840, 9636, 9842 of 2021 and 1279 of 2022 in S.A.No. 307 of 2012
CMP.Nos. 9840, 9636, 9842 of 2021 and 1279 of 2022 in S.A.No. 307 of 2012
K.GOVINDARAJAN THILAKAVADI, J.
These petitions have been filed (i) to condone the delay of 62 days in filing the petition to set aside the abatement caused due to the death of 1st respondent deceased Somu (i) to set aside the abatement caused by the death of the 1st respondent and (ii) to bring on record the legal representatives respondents 5 to 8 of the 1st respondent deceased Somu
- Being satisfied with the reasons stated in the affidavits filed in support of the above petitions, these Civil Miscellaneous Petitions are allowed.
- Issue notice to the proposed respondents, returnable by three weeks. Private notice is also permitted.
- post this matter on 2nd week of January.
08.12.2023
vsn
Note : Registry is directed to carry out the necessary amendments in the cause title in the Second Appeal.
Issues for consideration
2 issues framed by the court
Whether to condone the delay of 62 days in filing petitions to set aside abatement due to the death of a respondent and bring legal representatives on record.
Whether to allow the Civil Miscellaneous Petitions despite the delay.
Parties & counsel
- petitioner
Applicants
- respondent
Legal Representatives of deceased 1st Respondent
Coram
Govindarajan Tilakavadi
Case details
As recorded by the court registry
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