Separajan v. Devarajan
Case brief
What is this about?
The court condoned a 11-day delay in filing petitions to set aside abatement caused by the death of the first appellant and to bring legal representatives on record. The applications were allowed, and the second appeal was posted for further hearing.
What did the court decide?
Delay of 11 days condoned; petitions to set aside abatement and bring legal representatives on record allowed.
What the court decided
C.M.P.Nos.13939, 13940 & 13942 of 2021 in S.A.No.53 of 2010
C.M.P.Nos.13939, 13940 & 13942 of 2021 in
S.A.No.53 of 2010
V.SIVAGNANAM,J.
These applications have been filed by the petitioner to condone the delay of 11 days in filing the petition to set aside the abatement caused due to the death of first appellant late Separajan; to set aside the abatement caused due to the death of the first appellant late Separajan and to bring on record the legal representatives of the deceased first appellant as appellants 6 to 9 in the above second appeal.
- Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 2 to 4.
- The learned counsel appearing for the respondents 2 to 4 has no serious objection in ordering these petitions.
4.Considering the submissions made on behalf of the learned counsel
for the petitioner and being satisfied with the reasons stated in the affidavit filed in support of these petitions, the delay is condoned and the petitions
Page 1 of 3
Issues for consideration
1 issue framed by the court
Whether the delay in filing the petition to condone abatement due to the death of an appellant should be condoned?
Parties & counsel
- appellant
Petitioner
- respondent
Respondents 2 to 4
Coram
V Sivagnanam
Case details
As recorded by the court registry
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