Parimala Thambusamy (deceased) v. Bharat Petroleum Corporation Ltd.
Case brief
What is this about?
Madras High Court, S.S. Sundar J., order dated 05.02.2025 allowing C.M.P.Nos.8884, 8887 & 8892 of 2023 in S.A.No.1153 of 2010 (Bharat Petroleum Corporation Ltd. as respondent): condonation of 258 days' delay under Section 5 of the Limitation Act; abatement on the death of sole appellant Parimala Thambusamy set aside under Order XXII Rule 9 C.P.C.; legal representatives impleaded as Appellants 2 to 7 under Order 22 Rule 3 C.P.C.; second appeal and M.P.No.1 of 2010 restored. Counsel: T. Maginderan for petitioners; V. Nithyasri for respondent. Keywords: condonation of delay, abatement, restoration of appeal, legal representatives, Order XXII CPC.
What did the court decide?
Delay of 258 days in filing the petition to set aside abatement condoned; abatement of S.A.No.1153 of 2010 set aside; six proposed legal representatives brought on record as Appellants 2 to 7; S.A.No.1153 of 2010 and M.P.No.1 of 2010 restored with directions to the Registry to amend the cause title.