1. Krishnasamy Naicker (died) 2. K.Bangarusamy (died) 3. K.Chandrakumar v. 1. Dhananjaya Krishnan (Died) 2. Saratha
Civil Procedure – Abatement – Legal representatives – Condonation of delay
Case brief
What is this about?
Madras High Court, Madurai Bench; N. Senthilkumar, J.; order dated 11.12.2025 in CMP(MD) Nos. 19515, 19516 and 19518 of 2025 in SA(MD) No. 477 of 2011. Delay of 441 days in moving to set aside abatement occasioned by the death of the second appellant K.Bangarusamy condoned; abatement set aside; petitioners 5 to 8 (Annalakshmi, Ranjithkumar, Ramyadevi, Manojvel) brought on record as appellants 5 to 8, legal representatives of the deceased second appellant; Registry directed to carry out necessary amendments. Counsel: S Sades Kumar for the petitioners. Useful as evidence of impleadment/substitution of legal representatives in a pending second appeal; contains no discussion of law and cites no precedent.
What did the court decide?
Delay of 441 days condoned; abatement caused by the death of the second appellant K.Bangarusamy set aside; petitioners 5 to 8 (Annalakshmi, Ranjithkumar, Ramyadevi and Manojvel) to be brought on record as appellants 5 to 8, the legal representatives of the deceased second appellant, in S.A.(MD) No. 477 of 2011; Registry directed to carry out necessary amendments.