The Court allowed multiple petitions seeking to condone delay, bring legal representatives on record, and set aside the order of abatement in a civil revision petition. Consequently, the revision petition was restored to the file for further proceedings.
Petitions allowed; abatement set aside; CRP restored to file.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Friday, the Sixteenth day of February Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice C. KUMARAPPAN
CMP(MD)Nos.10806,10807 & 10810 of 2019 and 2015 of 2024
in CRP(MD) No.1118 of 2012
Ayyakutty
... Petitioner/Petitioner
Vs
10 Parvathi
11 Manju Ayyappan
...Lrs of the deceased 1st Respondent/ Proposed Respondent
Prayer in CMP(MD) NO.10806 of 2019:-
This Civil Miscellaneous Petitionis filed under section 5 of limitation Act, to condone the delay of 1046 days in filing the application to set aside the abatement of the deceased S.Perumal the sole respondent in the above Civil Revision Petition in CRP(MD)No.1118 of 2012 on the file of this Honourable Court.
Prayer in CMP(MD) No.10807 of 2019:-
This Civil Miscellaneous Appeal is filed under order XII Rule 9(2) of C.P.C., to set aside the abatement of the above Civil Revision Petition in CRP(MD)No.1118 of 2012 on the file of this Honourable Court for the reason of not bringing the legal representative, of the deceased sole respondent S.Perumal on record.
Prayer in CMP(MD)No.No.10810 of 2019:
This Civil Miscellaneous Petition is filed under order XXII Rule 3 of C.P.C.,to bring the respondent herein on record as the legal representatives of the deceased S.Perumal, the sole respondent by ranking them as respondents 2 to 11 in the above Civil Revision Petition in CRP(MD)No.1118 of 2012 on the file of this Honourable Court.
Prayer in CMP(MD)No.No.2015 of 2024:
This Civil Miscellaneous Petition is filed under order 9 Rule 9 of C.P.C., to set aside the order of dismissal as abated dated 04.10.2019 passed in CRP(MD) No.1118 of 2012 on the file of this Hon'ble Court.
Prayer in CRP(MD) No.1118 of 2012:-
This Civil Revision petition is filed under Article 227 of Constitution of India, to set aside the order dated 16.02.2012 passed in IA No.682 of 2011 in OS No.4 of 2011 on the file the Principal District Munsif & Judicial Magistrate of Tiruchendur, by allowing this allowing the Civil Revision Petition.
ORDER:-
This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Ms.P.Jessi Jeeva Priya, Advocate for the Petitioner,this Court made the following order:
“The learned Counsel appearing for the proposed respondents has https://www.mhc.tn.gov.in/judis
no serious objection for allowing these applications.
2.Considering the submission made by the learned Counsel for the
petitioner and having satisfied with the averments made in the affidavit, these petitions are allowed.
3.Consequent to the above, CRP(MD) No.1118 of 2012 is restored
to the file of this Court. The Registry is directed to make necessary amendments in the petition and post the revision before this Court on 29.02.2024.”
Sd/-
Assistant Registrar(C.O )
// True Copy //
/02/2024 Sub Assistant Registrar (CS - I/ II / III / IV)
TO
The Principal District Munsif & Judicial Magistrate, Tiruchendur.
Copy to:
ORDER DATED : 16/02/2024 ==========================
ORDER
========================== CMP(MD)Nos.10806,10807 & 10810 of 2019 and 2015 of 2024
in CRP(MD) No.1118 of 2012
Giving direction and etc. as stated within.
SSA (23.02.2024) 4P/ 5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
1 issue framed by the court
Whether the delay in filing the application to set aside abatement is condonable under Section 5 of the Limitation Act?
5 provisions across 3 enactments
Ayyakutty
S.Perumal (Died)
Bagavathy
Manikandan
Sumathi
Seethalakshmi
C. KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
