S.Sumathee v. G.Sridharan(Died). 1.R.UMA @ Geetha
Civil Procedure – Abatement – Condonation of delay
Case brief
What is this about?
Condonation of delay; setting aside abatement; bringing legal representatives on record; Order XXII Rule 9(2) CPC; Order XXII Rule 3 CPC; Section 5 Limitation Act 1963; second appeal S.A.No.872 of 2014; Madras High Court common order dated 29.01.2025; R.N. Manjula J.; death of third appellant B.Vijayalakshmi on 18.05.2022; abatement against first appellant 13.07.2024; proposed appellants/legal representatives G.Balakrishnan and G.Laxmikanth; petitioners S.Sumathee and S.Siddharth; respondent G.Sridharan; counsel S.P. Sudalaiyandi; appeal to be relisted after Registry amendment.
What did the court decide?
All CMPs ordered: delay of 769 days (third appellant) and 132 days (first appellant) condoned; abatements in S.A.No.872/2014 set aside; G.Balakrishnan and G.Laxmikanth brought/recorded as legal representatives of the deceased third appellant B.Vijayalakshmi; Registry directed to carry out the necessary amendment and list the second appeal after two weeks.