Mr.M.S.Aleem Khan(deceased), v. M/s.Indusind Bank Ltd.
Case brief
What is this about?
Madras High Court order dated 07.01.2025 by P.B. Balaji, J. allowing A.Nos.38, 51 and 61 of 2025 in O.P.No.37 of 2013 and A.Nos.47 and 67 of 2025 in OP No.494 of 2013 — condonation of 239-day delay, setting aside of abatement caused by petitioner's death, and impleading of legal heirs (Nafeesa Begum, Imran Khan, Irfan Khan, Mosinkhan, Nadiya Khan) of deceased petitioner M.S. Aleem Khan; Registry amendments ordered; matters posted for 04.02.2025 for amended copy of plaint; cause-list correction from O.A.No.37 of 2013 to O.P No.37 of 2013. Keywords: abatement, condonation of delay, impleading of legal heirs, continuation of petition after petitioner's death, original petition.
What did the court decide?
All applications allowed: delays of 239 days condoned (A.Nos.38 and 47 of 2025); abatement of the petition in O.P.No.37 of 2013 set aside (A.No.51 of 2025); legal heirs of late Mr.M.S.Aleem Khan brought on record as petitioners in O.P.No.37 of 2013 and OP No.494 of 2013 (A.Nos.61 and 67 of 2025); Registry to carry out amendments, correct the cause-list entry to O.P No.37 of 2013, and post matters on 04.02.2025 for amended copy of plaint.