Allowed

Natarajan (Died) 1. Saraswati v. Chinnaponnu

Madras HC2 Dec 2024CMP/6220/2024

Case brief

AI extract

What is this about?

The Court condoned a delay of 1955 days in filing a petition to set aside the abatement of a second appeal caused by the death of a respondent. The Court held that the delay was neither willful nor wanton and allowed the petition subject to a cost of Rs.1500. Legal representatives were impleaded as respondents.

What did the court decide?

Delay condoned; abatement set aside; cost of Rs.1500 payable to respondents' counsel.

Natarajan (Died) 1. Saraswati Vs Chinnaponnu — Civil Procedure and Limitation | Madras HC (2024)

¶1

C.M.P. Nos.6220, 6224 & 6226 of 2024 in S.A.No.1005 of 2004

¶2

C.M.P.Nos.6220, 6224 & 6226 of 2024

¶3

¶4

S.A. No. 1005 of 2004

¶5

T.V. THAMILSELVI, J.

¶6

These petitions have been filed seeking to condone the delay of 1955 days in filing the petition to set aside the abatement, to set aside the abatement caused due to the death of 5^th respondent, and to bring on record the proposed respondents 9 and 10 herein as legal representatives of deceased 5^th respondent.

¶7

Mr.V.Selvaraj, learned counsel for petitioners/appellants submitted that pending appeal, 5^th respondent died on 31.05.2018. He would submit that the petitioners were not aware of death of him and only recently, they came to know about his death and it is not due to any willful negligence on his part. However, the delay of 1955 days arose and the delay is neither willful nor wanton. Hence, he has filed the above petitions.

¶8

Mr. R.Thirugnanam, learned counsel for respondents 8 to 11 appeared and raised strong objections stating that sufficient reason was not stated for the said delay.

¶9

https://www.mhc.tn.gov.in/judis 1\3

¶10

C.M.P. Nos.6220, 6224 & 6226 of 2024 in S.A.No.1005 of 2004

¶11

On considering the facts and circumstances and being satisfied

¶12

with the reasons assigned in the affidavit, all the petitions are allowed on condition that the petitioner shall pay a cost of Rs.1500/- payable to the learned counsel for respondents 8 to 11 within a period of one week from the date of receipt of copy of this order. The proposed legal representatives of the 5^th respondent are impleaded as respondents 9 and 10 in the above Second Appeal. The Registry is directed to carry out the necessary amendment in the cause title.

¶13

Issue notice to the proposed respondents 9 and 10 through court

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returnable by 08.01.2025. Private notice is also permitted.

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Post the matter on 08.01.2025.

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02.12.2024

¶17

rpp

¶18

N.B. : Issue order copy on 04.12.2024

¶19

https://www.mhc.tn.gov.in/judis 2\3

¶20

C.M.P. Nos.6220, 6224 & 6226 of 2024 in S.A.No.1005 of 2004

¶21

T.V.THAMILSELVI, J.

¶22

rpp

¶23

C.M.P.Nos. 6220, 6224 & 6226 of 2024 in S.A. No. 1005 of 2004

¶24

02.12.2024 (2/4)

¶25

https://www.mhc.tn.gov.in/judis 3\3

Natarajan (Died) 1. Saraswati v. Chinnaponnu

Case brief

What is this about?

What did the court decide?

Natarajan (Died) 1. Saraswati v. Chinnaponnu

Case brief

What is this about?

What did the court decide?

What the court decided

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