M.S.Rubavathi v. M.S.Alagarsamy(Died) 1.M.S.Kalyanaraman (Died) 2.A.Shanthi
Case brief
What is this about?
Abatement; legal heirs; substitution of deceased respondent; Order XXII Rule 9(2) CPC; Order XXII Rule 4 CPC; impleadment; CMP(MD) Nos. 16683 and 16684 of 2023; A.S.(MD) No. 157 of 2018; Madras High Court Madurai Bench; Justice P. Vadamalai; M.S. Rubavathi; Kalyanaraman; respondent Nos. 8 to 10; amendment of appeal memorandum. Short uncontested procedural order allowing petitions to set aside abatement on the death of the first respondent and bring the petitioners on record as legal heirs ranked as respondent Nos. 8-10; no precedent cited, no quantum involved.
What did the court decide?
Both Civil Miscellaneous Petitions allowed, permitting setting aside of the abatement caused by the death of the first respondent and bringing the petitioners on record as legal heirs ranked as respondent Nos. 8 to 10 in A.S.(MD)No.157 of 2018; Registry directed to carry out necessary amendments in the appeal memorandum.