Allowed¶5

M.P. Rajagopalan, v. N. Saraswathi

Madras HC20 Nov 2025CMP/24853/2025

Case brief

AI extract

What is this about?

Condonation of delay; setting aside abatement; death of respondents during pendency of second appeal; impleading of legal representatives as further respondents; unopposed civil miscellaneous petitions; S.A. No.12 of 2022; Madras High Court; single-judge order dated 20.11.2025; appeal listed for 05.12.2025.

What did the court decide?

All six Civil Miscellaneous Petitions allowed: delay of 527 days condoned and abatement caused by the death of the 3rd respondent set aside; delay of 1203 days condoned and abatement caused by the death of the 5th respondent set aside; proposed respondents 7 to 9 and 10 to 12 impleaded as legal representatives and ranked as further respondents; Registry directed to amend S.A. No.12 of 2022 and list the second appeal on 05.12.2025. ¶5

M.P. Rajagopalan, Vs N. Saraswathi — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 527 days in setting aside the abatement caused by the death of the 3rd respondent in S.A. No.12 of 2022 should be condoned and the abatement set aside. +2 more

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Court's answer

The respondents' counsel raised no objection, the Court was satisfied with the reasons attributed in the affidavits filed in support of the petitions, and accordingly the delay of 527 days in setting aside the abatement caused by the death of the 3rd respondent stands condoned and the abatement set aside.

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Ratio / Principle

The delay of 1203 days in setting aside the abatement caused by the death of the 5th respondent stands condoned and the abatement set aside, the Civil Miscellaneous Petitions having been ordered.

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Key takeaways

The proposed respondents 7 to 9 (legal representatives of the deceased 3rd respondent) and proposed respondents 10 to 12 (legal representatives of the deceased 5th respondent) stand brought on record and ranked as further respondents in the second appeal.ratio¶5
The Registry is directed to carry out the necessary amendments in S.A. No.12 of 2022 and to list the second appeal on 05.12.2025.ratio¶12

Detailed headnote1 paragraphs

Madras High Court (K. Govindarajan Thilakavadi, J.) allowed CMP.Nos.24853, 24854, 24856, 24858, 24861 & 24862 of 2025 filed in S.A. No.12 of 2022, unopposed by the respondents' counsel. The Court condoned delays of 527 days and 1203 days in setting aside the abatements caused by the deaths of the 3rd and 5th respondents respectively, set aside both abatements, and brought on record proposed respondents 7 to 9 and 10 to 12 as the legal representatives of the deceased respondents, ranking them as further respondents. The Registry was directed to carry out necessary amendments in the second appeal and list it on 05.12.2025.

M.P. Rajagopalan, v. N. Saraswathi

Case brief

What is this about?

What did the court decide?

M.P. Rajagopalan, v. N. Saraswathi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Coram

Case details

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