Three civil miscellaneous petitions were filed to condone a delay of over six years to set aside abatement caused by the death of a respondent and to implead legal representatives in an underlying special appeal. The court allowed the petitions.
Petitions allowed; Registry directed to carry out amendments in the appeal memorandum.
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CMP(MD) NOS. 14024, 14026, & 14027 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06-04-2026
CORAM
THE HONOURABLE MR JUSTICE P.VADAMALAI
CMP(MD) NOS. 14024, 14026, & 14027 of 2025
in
SA(MD) NO. 447 of 2011
1.Rajmanickam (Died)
2.Seethalakshmi
3.Vimal
4.Ramkumar
5.Kalyani
6.Sureshkumar
7.Chitra
8.Minor. Shalini
9.Minor. Kaviya
(Minor Petitioners 8 and 9 are represented by their mother and natural guardian the 7th petitioner herein)
Petitioner(s) in all petitions
1/5
CMP(MD) NOS. 14024, 14026, & 14027 of 2025
Vs
10.Rajammal
13.Thilaga Rani
Respondent(s) in all petitions
For Petitioner(s) in all petitions :
Mr.G.Sridharan, Advocate
For Respondent(s) in all petitions :
Mr.S.Deenadhayalan,
Advocate for R1 to R3 & R5
R4 & R6 – Died
2/5
CMP(MD) NOS. 14024, 14026, & 14027 of 2025
R7 to R9 – No Appearance
Common Prayer : Civil Miscellaneous Petitions are filed under Section 5 of the Limitation Act, Order XXII Rule 9 read with Section 151 of the Code of Civil Procedure, and Order XXII Rule 4 of the Code of Civil Procedure, to condone the delay of 2017 days in seeking to set aside the abatement caused by the death of the 4th respondent, to set aside the abatement caused by the death of the 4th respondent, and to bring on record the proposed respondents 7 to 9 as the legal representatives of the deceased 4th respondent, namely Parasu @ Ramasamy, in S.A.(MD) No.447 of 2011 on the file of this Court.
COMMON ORDER
These Civil Miscellaneous Petitions have been filed to condone the delay of 2017 days in filing the petition to set aside the abatement caused by the death of the 4th respondent, to set aside the abatement caused by the death of the 4th respondent, and to bring on record the proposed respondents 7 to 9 as the legal representatives of the deceased 4th respondent, namely Parasu @ Ramasamy, in S.A.(MD)No.447 of 2011 on the file of this Court.
the common affidavit filed in support of these petitions.
3/5
CMP(MD) NOS. 14024, 14026, & 14027 of 2025
raised any serious objection to these petitions.
cause list.
Civil Miscellaneous Petitions are allowed.
06-04-2026
(1/2)
Note : The Registry is directed to carry out necessary amendments in the appeal memorandum.
mkn
4/5
CMP(MD) NOS. 14024, 14026, & 14027 of 2025
P.VADAMALAI, J.
mkn
CMP(MD) NOS. 14024, 14026, & 14027 of 2025 in SA(MD) NO. 447 of 2011
06.04.2026
(1/2)
5/5
1 issue framed by the court
Whether to condone the delay of 2017 days in seeking to set aside abatement caused by death and bring on record legal representatives.
3 provisions across 2 enactments
Rajmanickam (Died), Seethalakshmi, Vimal, Ramkumar, Kalyani, Sureshkumar, Chitra, Minor Shalini, Minor Kaviya
Chinnasamy, Sreenivasan, Venkataraman, Purasu @ Ramasamy (Died), Govindasamy, Raju Reddiyar (Died), Ramajeyam, Ravichandran, Vijaya, Rajammal, Selvanambi, Venka
P.Vadamalai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
