N.Thiruvengadam v. Subburaya Mudaliar ( Died) 1. Vajravelu Mudaliar
Case brief
What is this about?
Madras High Court interlocutory order in S.A. No. 1270 of 2009 allowing C.M.P. Nos. 816, 818 & 821 of 2025: condonation of 181-day delay under Section 5 of the Limitation Act; setting aside of abatement caused by the death of 1st respondent Subburaya Mudaliar under Order 22 Rule 9(2) CPC; impleadment of legal heirs as respondent Nos. 12 to 19 under Order 22 Rule 4 CPC; no objection by respondents' counsel (Mr.R.Rajan); Registry directed to amend the Second Appeal; listed 'for arguments' on 17.09.2025. Bench: Dr. Justice R.N. Manjula.
What did the court decide?
All three applications allowed: delay of 181 days condoned under Section 5 of the Limitation Act (C.M.P. No. 816 of 2025); abatement caused upon the demise of the 1st respondent Subburaya Mudaliar set aside under Order 22 Rule 9(2) of the Code of Civil Procedure (C.M.P. No. 818 of 2025); proposed respondents 12 to 19 impleaded and ranked as respondents in the Second Appeal as legal heirs of the deceased 1st respondent under Order 22 Rule 4 of the Code of Civil Procedure (C.M.P. No. 821 of 2025); Registry directed to carry out the amendment in the Second Appeal; Second Appeal listed under the caption 'for arguments' on 17.09.2025.