Mani v. Dayalan
Case brief
What is this about?
This court allowed three C.M.Ps to condone delay in seeking to set aside abatement of an appeal, revive appellant status, and add Yasodha as legal representative of deceased respondent Balaji.
What did the court decide?
Petitions for condonation of delay, setting aside abatement, and adding Yasodha as legal representative are allowed.
What the court decided
C.M.P.Nos.22655, 22656 & 22658 of 2022 in S.A.No.141 of 2021
C.M.P.Nos.22655, 22656 & 22658 of 2022 in S.A.No.141 of 2021
R.SAKTHIVEL, J.
C.M.P.No.22655 of 2022 is filed to condone the delay of 293 days
in filing the petition to set aside the abatement caused due to the death of
the 2nd respondent, viz., Balaji, in the above Second Appeal (S.A.No.141
of 2021) on the file of this Court.
- C.M.P.No.22656 of 2022 is filed to set aside the abatement
caused due to the death of the 2nd respondent, viz., Balaji, in the above Second Appeal (S.A.No.141 of 2021) on the file of this Court.
- C.M.P.No.22658 of 2022 is filed to bring on record 'Yasodha'
aged about 51 years, as the legal representative of the deceased 2nd respondent, viz., Balaji and rank her as 8th respondent in the above Second Appeal (S.A.No.141 of 2021) on the file of this Court.
Issues for consideration
2 issues framed by the court
Whether to condone delay in filing petition to set aside abatement due to death of a respondent.
Whether to allow substitution of legal representative of deceased respondent in appellate proceedings.
Parties & counsel
- petitioner
Dayalan
- other
Yasodha
Coram
R.SAKTHIVEL
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court