Adhimoolam v. Muniyammal
Case brief
What is this about?
Condonation of delay of 2627 days under Section 5 of the Limitation Act, 1963; setting aside abatement of Second Appeal under Order XXII Rule 9(2) CPC; impleading legal representatives/legal heirs of deceased respondent under Order XXII Rule 4 CPC; substitution of LRs after death of 7th respondent Ramasamy; notice returned 'Unclaimed', service held sufficient by invoking General Clauses Act; Registry to amend Memorandum of grounds of appeal; CMP Nos. 18777, 18781 & 18785 of 2021 in S.A.No.1103 of 2000; Madras High Court; R. Sakthivel J.; order dated 12-06-2026.
What did the court decide?
All three petitions allowed, granting their stated prayers: condonation of the 2627-day delay in filing the application to bring on record the legal representative of the deceased 7th respondent (Section 5, Limitation Act, 1963); setting aside of the abatement of the Second Appeal caused by the 7th respondent's death (Order XXII Rule 9(2) CPC); and bringing Respondents 14 & 15, the legal representatives of the deceased 7th respondent Ramasamy, on record (Order XXII Rule 4) — with service on Respondents 14 & 15 held sufficient via the General Clauses Act despite the 'Unclaimed' postal endorsement. Registry directed to carry out necessary amendments in the Memorandum of grounds of appeal.