Selvaraj (Died) 1 Mahadevi v. Govindasami
Case brief
What is this about?
Condonation of delay of 1715 days; abatement set aside following death of sole appellant; legal heirs/legal representatives impleaded and ranked as additional appellants; Section 5 of the Limitation Act, 1963 read with Section 151 CPC; Order XXII Rule 9(2) CPC (abatement); Order XXII Rule 3 CPC (bringing LRs on record); Article 300-A of the Constitution (property rights); no-prejudice test; interest of justice; decide on merits; Madras High Court; R. Sakthivel, J.; S.A.No.91 of 2004; C.M.P.Nos.9071, 9073 & 9074 of 2024; decided 30-03-2026; petitions allowed; Registry directed to amend Memorandum of Grounds of Appeal.
What did the court decide?
All three Civil Miscellaneous Petitions allowed — delay of 1715 days condoned; abatement caused by the death of appellant Selvaraj set aside; Petitioners 1 and 2 (his legal heirs) brought on record and ranked as Appellants 2 and 3; Registry directed to carry out necessary amendment in the Memorandum of Grounds of Appeal.