Allowed¶68

Prp. Exports v. Rakku

Madras HC17 Nov 2025CMP(MD)/6876/2018

Case brief

AI extract

What is this about?

Condonation of 703-day delay; setting aside abatement due to death of 13th respondent Alagiyameenal; legal heirs brought on record as respondents 26 to 28; Section 5 of Limitation Act; Order 22 Rule 9(2) CPC; Order 22 Rule 3 CPC; C.M.P.(MD)Nos.6876 to 6878 of 2018 in A.S.(MD)No.169 of 2016; P.R.P.Exports; Madurai Bench of Madras High Court; order dated 17.11.2025; Justice C.V.Karthikeyan; Justice R.Vijayakumar.

What did the court decide?

Delay of 703 days condoned; all three applications allowed (setting aside the abatement caused by the death of the 13th respondent and bringing her legal heirs on record as respondents 26 to 28); Registry directed to carry out necessary amendment in the cause title. ¶68

Prp. Exports Vs Rakku — Madras HC (2025) — LawSathi Research

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C.M.P.(MD)Nos.6876 to 6878 of 2018 in A.S.(MD)No.169 of 2016

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 17.11.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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C.M.P.(MD)Nos.6876 to 6878 of 2018

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A.S.(MD)No.169 of 2016

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P.R.P.Exports,

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through its Managing Director, P.Palanichamy, S/o.P.Pinnathevar, Velu Complex, Madurai Main Road, Madurai Town, Madurai Taluk, Madurai District.

... Petitioners in

all C.M.Ps.

-vs-

1.Rakku

2.Kannathal

3.Rajambal

Veerasamy (Died)

4.Jeganathan

5.Rajendran

6.Alagarsamy

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7.Gouse Mohaideen

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https://www.mhc.tn.gov.in/judis

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C.M.P.(MD)Nos.6876 to 6878 of 2018 in A.S.(MD)No.169 of 2016

8.Muthuramalingam

9.Kesavan

10.Periyasami

11.Vellaisami

12.Angamuthu

13.Alagiyameenal

14.Vijaya

15.Thangamuthu Amsavalli (Died)

Kalavathi (Died)

16.Meenal

17.Sivanathan

18.Sevugarathinam

19.Ponmozhi

20.Ilavarasu

21.Dhanalakshmi

22.K.Padmanaban

23.K.Muthukumararaja

24.K.Premalatha

25.K.Dhanasekaran

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https://www.mhc.tn.gov.in/judis

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C.M.P.(MD)Nos.6876 to 6878 of 2018 in A.S.(MD)No.169 of 2016

26.V.Karunanithi

27.Rakku

28.V.Swaminathan

29.Swaminathan

30.S.Kubendran

31.Gokila

... Respondents in all C.M.Ps.

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COMMON PRAYER: Petitions filed under Section 5 of Limitation Act, under Order 22 Rule 9(2) of CPC and Order 22 Rule 3 of CPC to condone the delay of 703 days in filing the petition to set aside the abatement caused due to the death of the 13^th respondent in the appeal, to set aside the abatement cause due to the death of the 13^th respondent and to bring on record the legal representatives of the deceased 13^th respondent and rank them as respondents 26 to 28.

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For Petitioners : Mr.G.Sridharan

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COMMON ORDER

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(Order of the Court was made by C.V.Karthikeyan, J.)

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These there applications have been filed consequent to the

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death of the 13^th respondent to condone the delay of 703 days in filing the application to set aside the abatement, to set aside the abatement and to

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https://www.mhc.tn.gov.in/judis

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C.M.P.(MD)Nos.6876 to 6878 of 2018 in A.S.(MD)No.169 of 2016

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bring on record the legal heirs of the deceased 13^th respondent as respondents 26 to 28 in the appeal.

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2. Notice had been directed to the respondents. Notice had

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been served. Names have been printed in the cause list. There is no representation either in person or through their counsel.

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3. In the affidavits filed in support of these petitions, it had been stated that the fact of death of the 13^th respondent came to be known only after the disposal of the suit. Thereafter, these applications have been filed. Hence, there has been a delay.

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4. In view of the fact that notice had been served, the delay

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is condoned and these applications are allowed. Registry to carry out necessary amendment in the cause title.

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vsm 17.11.2025

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https://www.mhc.tn.gov.in/judis

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C.M.P.(MD)Nos.6876 to 6878 of 2018 in A.S.(MD)No.169 of 2016