R.Vijayalakshmi v. Saradha @ Umadevi (Died) 1.Mrs.J.Lakshmi
Case brief
What is this about?
Madras High Court single-judge common order (Justice C. Saravanan, 22.04.2025) allowing applications in T.O.S.No.11 of 2022: condonation of 717 days' delay under Order XIV Rule 8 O.S.Rules and Section 5 Limitation Act; setting aside abatement caused by death of 1st Defendant Mrs.Saradha @ Umadevi under Order XXII Rule 9 read with Section 151 CPC; impleading her legal representatives (Respondents 5 to 11) as Defendants 6 to 12 under Order XXII Rule 4 read with Section 151 CPC; no objection from counsel for Respondents 2, 3 & 4 (Mr.M.Sridhar and Mr.G.Jeremiah); private notice service confirmed by Affidavit of Service dated 21.04.2025 pursuant to order dated 01.04.2025; cause-title amendment and clean amended plaint directed; no monetary quantum involved; no precedent cases cited.
What did the court decide?
All three applications allowed as prayed for: (i) 717 days' delay in filing the petition to set aside abatement condoned (A.No.1720 of 2025); (ii) abatement of T.O.S.No.11 of 2022 caused by the death of the 1st Defendant, Mrs.Saradha @ Umadevi, set aside (A.No.1721 of 2025); (iii) Respondents 5 to 11, the legal representatives of the deceased 1st Defendant, brought on record as Defendants 6 to 12 (A.No.1722 of 2025); counsel directed to amend the cause title and file a clean copy of the amended plaint.