The High Court allowed three与原 Second Appeal connected petitions seeking condonation of 628 days delay, approval of legal representatives for the deceased sole appellant, and amendment of the cause title.
Petitions allowed; legal representatives impleaded as second appellant; Registry directed to amend cause title and post matter.
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C.M.P. Nos.16353, 16358 & 16360 of 2024 in S.A.No.1925 of 2004
C.M.P.Nos.16353, 16358 & 16360 of 2024
in S.A. No. 1925 of 2004
T.V. THAMILSELVI, J.
These petitions have been filed seeking to condone the delay of 628 days in filing the petition to set aside the abatement, to set aside the abatement caused due to the death of sole appellant, and to bring the petitioner and the respondents 18 to 21 on record as legal representatives of deceased sole appellant.
submitted that pending appeal, sole appellant died on 17.08.2021. He would submit that inspite of petitioner's best efforts, the other legal heirs have not come forward to cooperate with him to proceed with the case. He would submit that the petitioner is aged about 70 years and he was suffering from old-age ailments. After recovery, he contacted the present counsel on record and came to know that erstwhile counsel was also died.
Thereafter, I took steps to proceed with the case. Hence, there is a delay
C.M.P. Nos.16353, 16358 & 16360 of 2024 in S.A.No.1925 of 2004
delay of 628 days arose and the delay is neither willful nor wanton. Hence,
he has filed the above petitions.
with the reasons assigned in the affidavit and to avoid further complications, all the petitions are allowed. The proposed legal representatives of the sole appellant are impleaded as 2nd appellant and respondents 18 to 21 in the above Second Appeal. The Registry is directed to carry out the necessary amendment in the cause title and post the matter on 14.11.2024.
25.10.2024
rpp
C.M.P. Nos.16353, 16358 & 16360 of 2024 in S.A.No.1925 of 2004
T.V.THAMILSELVI, J.
rpp
C.M.P.Nos. 16353, 16358 & 16360 of 2024 in S.A. No. 1925 of 2004
25.10.2024
2 issues framed by the court
Whether to condone the 628-day delay in filing the petition to set aside abatement caused by the death of the sole appellant.
Whether to implead the legal representatives of the deceased sole appellant as the second appellant.
1 provisions across 1 enactments
Petitioner
Respondents 18 to 21
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
