S.P.Balasubramania Gouder(Died), 1.B.Santhamuthu Kumarasamy v. Rathinammal @ Rathinambal(died), R.Manohari(Died),1.M.Sasikala
Case brief
What is this about?
Madras High Court; CMP Nos. 12476, 12477 & 12481 of 2024 in S.A.No.343 of 2012; common order dated 20-01-2025; single judge (Justice R.N.Manjula); condonation of 529 days' delay under Section 5 Limitation Act 1963; abatement of second appeal set aside under Order XXII Rule 4 CPC on death of 2nd respondent R.Manohari/R.Manokari; proposed respondents 12 to 14 impleaded as her legal representatives under Order XXII Rule 9 CPC; Registry directed to amend cause title and list appeal on 29.01.2025; appellants' counsel L.Mouli, respondents' counsel M.Murali; no precedent discussed.
What did the court decide?
Delay of 529 days in filing the petition to set aside the abatement condoned under Section 5 of the Limitation Act, 1963; abatement of the second appeal S.A.No.343 of 2012 (caused by the death of the 2nd respondent R.Manohari) set aside under Order XXII Rule 4 CPC; proposed respondents 12 to 14 brought on record and ranked as respondents as the legal representatives of the deceased 2nd respondent under Order XXII Rule 9 CPC; Registry directed to carry out the necessary amendment and list the second appeal on 29.01.2025.