C.A. Susheela (died) v. R. Srinivasan
Civil Procedure – Appeal – Abatement – Order XXII Rule 9(2) and Order XXII Rule 3 read with Section 151 CPC
Case brief
What is this about?
Common order of the Madras High Court (R. Sakthivel J., 04.07.2025) allowing CMP.Nos.30217 & 30216 of 2024 in A.S.No.468 of 2021: abatement caused by the death of first appellant C.A.Susheela on 12.06.2024 set aside under Order XXII Rule 9(2) CPC; her legal heirs — Jude Joseph.D, Gemma Bridget D'Silva, Mary Lucy, Margaret Mary, Auxilla Christina Arokiadass, Augustine Francis D'Silva and Patrica Xavier — impleaded as proposed appellants No.2 to 8 under Order XXII Rule 3 read with Section 151 CPC; no costs; Registry to amend appeal papers. Keywords: abatement, set aside abatement, legal heirs, impleadment, proposed appellants, appeal suit, Section 151 CPC.
What did the court decide?
Both CMPs allowed without costs: abatement of A.S.No.468 of 2021 set aside and the seven legal heirs of the deceased first appellant brought on record as proposed appellants No.2 to 8; Registry directed to carry out necessary amendment in the appeal papers.