M.Veeramuthu v. Rangaraju Naidu (died), 1.D.Prema
Case brief
What is this about?
Condonation of delay of 814 days; setting aside of abatement under Order XXII Rule 9(2) CPC; impleading of legal representatives/heirs under Order XXII Rule 3 CPC; Section 5 Limitation Act 1963; death of appellant during pendency of second appeal; Madras High Court; Justice R. Sakthivel; CMP Nos. 1327, 1329 & 1333 of 2026 in SA No. 1049 of 1992; deceased 8th appellant M.Durairaj (died 01-06-2023); proposed appellants 22 to 24; Registry directed to amend Second Appeal; decided 03-03-2026.
What did the court decide?
All three Civil Miscellaneous Petitions allowed: the delay of 814 days in seeking to set aside the abatement was condoned, the abatement caused by the death of the 8th appellant M.Durairaj was set aside, and petitioners 17 to 19 (his widow Selvi, son Muthuraman and daughter Mutharasi) were brought on record as appellants 22 to 24; the Registry was directed to carry out the necessary amendments in the Second Appeal.