Allowed

Mrs C Mangala Vijayalakshmi v. Late K.S. Mothilal

Madras HC13 Mar 2024CMP/24607/2023

Case brief

AI extract

What is this about?

This order allowed condonation of a 449-day delay to set aside abatement caused by the death of a respondent and brought legal representatives on record in civil appeals without striking down the applications due to absence of certain respondents.

What did the court decide?

Delay condoned; abatement set aside; respondents 59 to 63 brought on record as legal representatives; Registry directed to post appeals on 26.03.2024.

Mrs C Mangala Vijayalakshmi Vs Late K.S… — Civil Procedure and Limitation | Madras HC (2024)

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CMP Nos.24607, 24608 and 24609 of 2023 in CMA No.403 of 2007

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CMP Nos.24607, 24608 and 24609 of 2023 in CMA No.403 of 2007

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R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.

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(Order of the Court was made by R.SUBRAMANIAN,J.)

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These Applications have been filed seeking to condone the delay of 449 days in filing the petition to set aside the abatement, to set aside the abatement caused by the death of A.N.Annamalai, and to bring on record

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the respondents 59 to 63 as the legal representatives of the deceased seventh respondent in the Appeal.

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2. Notices were ordered and the respondents 59 to 61 were served.

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The respondents 62 and 63 could not be served despite efforts. Hence, we had ordered publication in one issue of ‘Dhinamani’ and ‘Indian Express’ for the hearing on 29.1.2024 and directed publication to be effected by 05.01.2024.

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3. The learned counsel had taken steps for publication and the publication has been effected in one issue of ‘Indian Express’ and

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https://www.mhc.tn.gov.in/judis

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Page No.1/3

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CMP Nos.24607, 24608 and 24609 of 2023 in CMA No.403 of 2007

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‘Dhinamani’ on 21.12.2023. Despite such publication, the respondents 62 and 63 are not appearing either in person or through counsel duly instructed.

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4 . Considering the reasons assigned in the affidavit filed in support of

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these petitions, these petitions are ordered. The delay is condoned, the abatement caused due to the death of the seventh respondent is set aside and the respondents 59 to 63 are brought on record as the legal representatives

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of the deceased seventh respondent.

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5. The Registry is directed to carry out the amendment and post these

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Appeals on 26.03.2024.

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13.03.2024

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https://www.mhc.tn.gov.in/judis

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Page No.2/3

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CMP Nos.24607, 24608 and 24609 of 2023 in CMA No.403 of 2007

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R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.

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CMP Nos.24607, 24608 and 24609 of 2023 in CMA No.403 of 2007

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13.03.2024

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https://www.mhc.tn.gov.in/judis

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Page No.3/3

Mrs C Mangala Vijayalakshmi v. Late K.S. Mothilal

Case brief

What is this about?

What did the court decide?

Mrs C Mangala Vijayalakshmi v. Late K.S. Mothilal

Case brief

What is this about?

What did the court decide?

What the court decided

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