S.Rajendran v. Prakasam
Case brief
What is this about?
Applications for condonation of a 347-day delay in seeking to set aside abatement caused by the death of the eighth respondent in an appeal, and to implead his legal representatives, were allowed and the Registry directed to amend the appeal.
What did the court decide?
Delay condoned, abatement set aside, legal representatives brought on record as respondents 17 to 20; Registry to amend the appeal.
What the court decided
CMP Nos.1940, 1943 and 1944 of 2022 in AS No.509 of 2017
R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
(Order of the Court was made by R.SUBRAMANIAN, J.)
These petitions have been filed praying for condonation of delay of 347
days in seeking to set aside the abatement caused by the death of one B.Thambaiyaa, eighth respondent in the Appeal, to set aside the abatement and to bring on record respondents 16 to 19 as his legal representatives and ranked them as respondents 17 to 20 in the Appeal. Mr.A.Arun Babu, learned counsel appears for the proposed parties.
- Accepting the reasons assigned in the affidavits filed in support of these petitions, all these petitions are allowed. The delay of 347 days in seeking to set aside the abatement is condoned, the abatement caused by the death of the eighth respondent is set aside, the respondents 16 to 19 are brought on record as the legal representatives of the deceased eighth respondent and are ranked as respondents 17 to 20 in the Appeal.
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R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
Issues for consideration
1 issue framed by the court
Whether the 347-day delay in seeking to set aside abatement caused by the death of the eighth respondent should be condoned.
Coram
R. Subramanian
R. Sakthivel
Case details
As recorded by the court registry
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