S.P.Balasubramania Gouder(died), B.Santhamuthu Kumarasamy v. v Uma Shankar
Civil Procedure – Abatement and substitution – Condonation of delay
Case brief
What is this about?
Madras High Court common order (20-01-2025, Manjula J.) in CMP Nos. 12483-12485 of 2024 in SA No. 344 of 2012: condoned 529-day delay under Section 5 of the Limitation Act, 1963; set aside abatement of second appeal caused by death of 4th respondent R.Manokari/R.Manohari under Order XXII Rule 4 CPC; impleaded proposed respondents 12 to 14 (M Ramkrishnan, P Subashini, Arunkumar) as legal representatives under Order XXII Rule 9 CPC and ordered them ranked as respondents; Registry to amend records and list the second appeal on 29.01.2025. Parties: appellants B. Santhamuthu Kumarasamy (son of deceased appellant S.P. Balasubramania Gounder); lead respondent V Uma Shankar and others. Counsel: L. Mouli for appellants; M. Murali for respondents. No cases cited; no quantum involved.
What did the court decide?
Delay of 529 days condoned; abatement of S.A.No.344 of 2012 set aside; proposed respondents 12 to 14 (M Ramkrishnan, P Subashini, Arunkumar) brought on record and ranked as respondents as legal representatives of the deceased 4th respondent R.Manokari (printed as R.Manohari); Registry directed to carry out the necessary amendment and to list the second appeal in S.A.No.344 of 2012 on 29.01.2025.