Sagadhevan (Died), 1. Saraswathi v. Maragadham Ammal
Case brief
What is this about?
Condonation of delay of 208 days under Section 5, Limitation Act; abatement set aside under Order XXII Rule 9(2) CPC; legal representatives impleaded under Order XXII Rule 4 CPC; death of sole respondent Sagadhevan in CRP No. 830 of 2024; legal heirs Saraswathi, Kumaran Gandhi, Kavithagandhi and S. Arulgandhi brought on record and ranked as respondents 2 to 5; no serious objection by respondents (Maragadham Ammal, Velmurugan, Thirumurugan, B.Raman @ Tamil Prabhakaran, Panjalai, Gomathi); Registry directed to amend CRP; Madras High Court; P.B. Balaji J.; order dated 03-12-2025; Dharmapuri; CMP Nos. 30252, 30253, 30258 of 2025; procedural order, no merits adjudication, no precedent cited.
What did the court decide?
Delay of 208 days in seeking to set aside the abatement condoned (CMP No. 30252 of 2025); abatement caused by the death of the sole respondent Sagadhevan in CRP No. 830 of 2024 set aside (CMP No. 30253 of 2025); petitioners 1 to 4 impleaded as the legal representatives of the deceased sole respondent and ranked as respondents 2 to 5 in CRP No. 830 of 2024 (CMP No. 30258 of 2025); Registry directed to carry out necessary consequential amendments in the CRP.