Delay condonation petitions in a second appeal sought setting aside abatement caused by the sole respondent's death on 19.05.2021 and impleading his legal heirs. The court allowed all three petitions, impleaded respondents 2 and 3, and corrected one heir's name.
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C.M.P. Nos.19697, 19696 & 19695 of 2023 in S.A.No.1334 of 2010
C.M.P.Nos.19697, 19696 & 19695 of 2023
in
S.A. No. 1334 of 2010
T.V. THAMILSELVI, J.
These Civil Miscellaneous Petitions have been filed seeking to condone the delay of 367 days in filing the petition to set aside the abatement, to set aside the abatement caused due to the death of sole respondent, and to bring on record the proposed respondents 2 and 3 herein as legal representatives of deceased sole respondent.
petitioner/appellant submitted that pending appeal, sole respondent died on 19.05.2021. He would submit that the petitioner came to know about his death only when his counsel came to about the same and after hectic efforts, he is able to get the particulars of his legal heirs and it is not due to any willful negligence on his part. However, the delay of 367 days arose and the delay is neither willful nor wanton. Hence, he has filed the above petitions.
C.M.P. Nos.19697, 19696 & 19695 of 2023 in S.A.No.1334 of 2010
the reasons assigned in the affidavit and in order to give one more opportunity, all the petitions are allowed. The proposed legal representatives of the sole respondent are to be impleaded as respondents 2 and 3 in the above Second Appeal. The Registry is directed to carry out the necessary amendment in the cause title and also directed to amend name of 2nd respondent as Santha Sheela instead of Santha Devi, one of legal heir of sole respondent.
02.09.2024
rpp
C.M.P. Nos.19697, 19696 & 19695 of 2023 in S.A.No.1334 of 2010
T.V.THAMILSELVI, J.
rpp
C.M.P.Nos. 19697, 19696 & 19695 of 2023 in
S.A. No. 1334 of 2010
02.09.2024
1 issue framed by the court
Whether the delay of 367 days in filing petitions to set aside abatement and implead legal representatives should be condoned?
Petitioner/Appellant in S.A. No. 1334 of 2010
Respondent 1
Santha Sheela (proposed respondent 2, legal heir of deceased sole respondent)
Proposed Respondent 3 (legal heir of deceased sole respondent)
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
