Subramaniyan v. Savithri
Case brief
What is this about?
Civil Miscellaneous Petitions to condone a 185-day delay, set aside abatement caused by the second appellant's death, and bring the legal representatives of the deceased respondent on record in a pending second appeal were allowed.
What did the court decide?
Delay condoned; abatement set aside; legal representatives brought on record; cause title amendment directed.
What the court decided
P.B.BALAJI, J.
C.M.P.Nos.4925, 4996 & 4929 of 2023 in S.A.No.415 of 2017
These Civil Miscellaneous Petitions has been filed to condone the delay
of 185 days in setting aside the abatement caused due to the death of the 2nd appellant, to bring on record the 2nd respondent as Legal Representatives of the deceased sole respondent and to set aside the abatement caused due to the death of the 2nd appellant in the above Second Appeal.
2. The Learned Counsel for the proposed 2nd respondent has also entered appearance engaging a Counsel. The learned Counsel for the appellant shall serve typed set of papers on the Learned Counsel who has entered appearance to the newly added respondents.
3. I have gone through the affidavit filed in support of these applications and I am satisfied with the reasons for delay in not taking out the applications in time. Accordingly, these Civil Miscellaneous Petitions are allowed.
27.03.2024
bsm
Note: Registry is directed to carry out necessary amendment in the cause title. Post this matter on 3rd week of April 2024.
Coram
P.B.Balaji
Case details
As recorded by the court registry
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