Manager v. Lourdusamy
Case brief
What is this about?
The court allowed petitions to condone a 402-day delay in impleading legal representatives of a deceased 1st respondent. Abatement was set aside, and the proposed legal heirs were ordered to be brought on record as respondents 3 to 6.
What did the court decide?
Delay of 402 days condoned; abatement set aside; proposed respondents brought on record as respondents 3 to 6 as legal heirs.
What the court decided
C.M.P.Nos.15699, 15703 & 15706 of 2023
C.M.P.Nos.15699, 15703 & 15706 of 2023 and C.M.A.Sr.No.78884 of 2022
KRISHNAN RAMASAMY, J.
These petitions are filed
i) to condone the delay of 402 days in filing the application to implead the legal representatives of the deceased 1st respondent in the above appeal,
ii) to set aside the abatement caused due to the death of the 1st respondent and
iii) to bring on record the proposed respondents as the legal representative of the deceased 1st respondent and rank them as respondents 3 to 6 in the above appeal.
- Mr.P.Parthikannan, learned counsel appearing for the respondents
3 to 6/legal heirs of the deceased 1st respondent, would submit that he has no objection in allowing these petitions.
- Considering the averments made in the affidavits filed in support of the petitions, the delay is condoned, the abatement caused due to the death of the 1st respondent is set aside and the proposed respondents are ordered to be brought on record as respondents 3 to 6, as legal heir of the deceased 1st respondent.
Issues for consideration
2 issues framed by the court
Whether to condone delay of 402 days for impleading legal representatives of the deceased
Whether abatement caused by death should be set aside and legal representatives made respondents
Parties & counsel
- applicant
Petitioners (unnamed)
- respondent
Respondents 3 to 6 (Legal Heirs of the deceased 1st Respondent)
- other
Deceased 1st Respondent
Coram
Case details
As recorded by the court registry
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