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N. Gopal v. M. Rajarathinam (Died)

Madras HC4 Sept 2025CMP/18198/2023

Case brief

AI extract

What is this about?

Condonation of delay of 1143 days; abatement caused by death of first respondent M.Rajarathinam in second appeal S.A.No.116 of 2019; setting aside abatement; impleading legal representatives as proposed respondents 1 to 5; C.M.P.Nos.18198, 18191 & 18195 of 2023; Madras High Court; K. Rajasekar, J.; no objection by respondent's counsel; Registry to amend cause title and issue notice to newly impleaded respondents; decided 04.09.2025.

What did the court decide?

Delay of 1143 days condoned; abatement caused by the death of the first respondent M.Rajarathinam set aside; proposed respondents 1 to 5 impleaded as legal representatives of the deceased first respondent in S.A.No.116 of 2019; Registry directed to amend the cause title and issue notice to the newly impleaded respondents. ¶13

N. Gopal Vs M. Rajarathinam (Died) — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 1143 days in filing the petition to set aside the abatement caused by the death of the first respondent in S.A.No.116 of 2019 should be condoned. +1 more

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Court's answer

The delay of 1143 days in filing the petition to set aside the abatement caused by the death of the first respondent in S.A.No.116 of 2019 is condoned, the Court being satisfied with the reasons stated in the supporting affidavit.

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Ratio / Principle

The abatement caused by the death of the first respondent M.Rajarathinam is set aside and the proposed respondents 1 to 5 are brought on record as the legal representatives of the deceased first respondent as respondents 1 to 5 in S.A.No.116 of 2019.

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Key takeaways

The Registry is directed to carry out necessary amendment in the cause title and issue notice to the newly impleaded respondents.ratio¶14

Detailed headnote1 paragraphs

Civil Miscellaneous Petitions C.M.P.Nos.18198, 18191 & 18195 of 2023 in S.A.No.116 of 2019 (Madras High Court, K. Rajasekar, J., decided 04.09.2025) were allowed. The delay of 1143 days in filing the petition to set aside the abatement caused by the death of the first respondent, M.Rajarathinam, was condoned, the Court recording satisfaction with the affidavit explanation that the appellants learnt of the death only belatedly and came forward with the petitions immediately thereafter; learned counsel for the respondent had no objection. Consequently, the abatement was set aside and the proposed respondents 1 to 5 were brought on record as the legal representatives of the deceased first respondent. The Registry was directed to carry out necessary amendment in the cause title and issue notice to the newly impleaded respondents.

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C.M.P.Nos.18198, 18191 & 18195 of 2023 in S.A.No.116 of 2019

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C.M.P.Nos.18198, 18191 & 18195 of 2023 in S.A.No.116 of 2019

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K. RAJASEKAR, J.

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These Civil Miscellaneous Petitions have been filed by the appellant to condone the delay of 1143 days in filing the Petition to set aside the abatement caused by the death of the first respondent in S.A.No.116 of 2019; to set aside the abatement caused by the death of the first respondent viz., M.Rajarathinam and to bring on record the proposed respondents 1 to 5 as the legal representatives of the deceased first respondent as respondents 1 to 5 in the above S.A.No.116 of 2019.

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Heard the learned counsel for the petitioners and perused the records available on record.

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The learned counsel for the respondent has no objection to allow these petitions.

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The reasons stated in the affidavit filed in support of the condone delay petition is that, they came to know about the death of the first respondent only belatedly and immediately, they have come forward with filing the petitions to set aside the abatement and to bring on record the legal representatives of the deceased first respondent, however, there is a delay.

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1/3

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https://www.mhc.tn.gov.in/judis

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C.M.P.Nos.18198, 18191 & 18195 of 2023 in S.A.No.116 of 2019

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Having satisfied the reasons stated in the affidavit filed in support of

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this petition, the aforesaid delay of 1143 days in filing the the Petition to set aside the abatement caused by the death of the first respondent in S.A.No.116 of 2019 is condoned. Consequently, the petitions filed for setting aside the abatement caused due to the death of the first respondent viz., M.Rajarathinam and to bring on record the proposed respondents 1 to 5 as the legal representatives of the deceased first respondent as respondents 1 to 5 in the above S.A.No.116 of 2019 are also allowed.

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