R.Palanisamy (Died) 1. Vasanthi v. Nachammal (Died) 1. Rajathi
Case brief
What is this about?
Condonation of 1715 days' delay under Section 5 of the Limitation Act and setting aside of abatement under Order 22 Rule 9 (2) of CPC caused by the death of first respondent Nachammal; impleading of her legal representatives as respondents 5 to 7 under Order 22 Rule 4 of CPC in A.S.No.222 of 2017; common order allowing CMP.Nos.6370, 6374 & 6378 of 2024; Madras High Court; R. Sakthivel, J.; decided 13.06.2025; Registry directed to amend appeal papers. Relevant to procedure on death of a respondent during pendency of an appeal, abatement and its setting aside, and limitation for filing the petition to set aside abatement.
What did the court decide?
Delay of 1715 days condoned; abatement caused by the death of first respondent Nachammal set aside; legal representatives of late Nachammal brought on record as respondents 5 to 7 in A.S.No.222 of 2017; Registry directed to carry out the necessary amendment in the appeal papers.