Delay of 466 days in filing petitions to set aside abatement caused by the death of the first appellant during a second appeal, and to implead legal representatives, was condoned; the proposed petitioners were brought on record as appellants 3 to 9 and the appeal was directed to be listed.
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. Nos.11850, 11846 & 11854 of 2021 in S.A.No.164 of 2006
C.M.P.Nos.11850, 11846 & 11854 of 2021
in S.A. No. 164 of 2006
T.V. THAMILSELVI, J.
These Civil Miscellaneous Petitions have been filed seeking to condone the delay of 466 days in filing the petition to set aside the abatement, to set aside the abatement caused due to the death of 1st appellant, and to bring on record the proposed petitioners 3 to 9 herein as legal representatives of deceased 1st appellant.
4.On considering the facts and circumstances and being satisfied with
1\3
C.M.P. Nos.11850, 11846 & 11854 of 2021 in S.A.No.164 of 2006
the reasons assigned in the affidavit, all the petitions are allowed. The proposed legal representatives of the 1st appellant are impleaded as appellants 3 to 9 in the above Second Appeal. The Registry is directed to carry out the necessary amendment in the cause title and post the matter on 29.01.2025.
11.12.2024
rpp
T.V.THAMILSELVI, J.
2\3
C.M.P. Nos.11850, 11846 & 11854 of 2021 in S.A.No.164 of 2006
rpp
C.M.P.Nos. 11850, 11846 & 11854 of 2021 in S.A. No. 164 of 2006
11.12.2024
(2/2)
3\3
1 issue framed by the court
Should the 466-day delay in filing petitions to set aside abatement and implead legal representatives of the deceased 1st appellant be condoned?
Petitioners/Appellants
4th Respondent
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
