M. Balalsubramani v. Mrs. Josephin Stella Mary
Condonation of delay / abatement / impleading of legal heirs – Death of 1st respondent during pendency of appeal
Case brief
What is this about?
Unopposed common order of the Madras High Court (Justice R.SAKTHIVEL) dated 12-06-2025 allowing CMP Nos. 20321, 20322 and 20323 of 2017 in A.S.No. 287 of 2003 filed by petitioner M. Balalsubramani (counsel M/s.R.Krishnaswamy): condonation of 156 days' delay under Section 5 of the Limitation Act in filing M.P.Sr.No. 57095 of 2013 to bring the legal representatives of the deceased 1st respondent Josephin Stella Mary (died 01.06.2012) on record; setting aside of abatement under Order 22 Rule 9 CPC; and impleading of legal heirs John Peter, Dominic Babu and Prince Priya under Order XXII Rule 4 CPC. Keywords: condonation of delay, abatement, legal representatives, legal heirs, Order 22 Rule 9 CPC, Order XXII Rule 4 CPC, Section 5 Limitation Act, A.S.No. 287 of 2003.
What did the court decide?
All three petitions allowed as prayed: condonation of the 156 days' delay in filing M.P.Sr.No. 57095 of 2013; setting aside of the abatement in A.S.No. 287 of 2003; and bringing Respondent Nos. 4 to 6 on record as the legal heirs of the deceased 1st respondent.