This judgment allows three civil miscellaneous petitions seeking to condone a delay of 394 days. The petitions aim to set aside abatement due to a respondent's death and bring legal representatives on record. The court found no objection and allowed the petitions.
The Civil Miscellaneous Petitions to condone delay and implead legal representatives were allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(MD) NOS. 17857, 17858, & 17860 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24-04-2026
CORAM
THE HONOURABLE MR JUSTICE P.VADAMALAI
CMP(MD) NOS. 17857, 17858, and 17860 of 2024
in
AS(MD) NO. 169 of 2024
N.Mani
Petitioner(s) in all petitions
Vs
1.N.Valliammal
2.N.Esakki (Died)
3.E.Essakiammal
4.E.Sankar
5.E.Suresh
Respondent(s) in all petitions
For Petitioner(s) in all petitions :
Mr.T.Selvan, Advocate
For Respondent(s) in all petitions :
Mr.K.Esakkidurai, Advocate for R1
Mr.K.Jeyamohan, Advocate for R3 to R5
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CMP(MD) NOS. 17857, 17858, & 17860 of 2024
Common Prayer : Civil Miscellaneous Petitions are filed under Section 5 of Limitation Act, Order XXII Rule 9(2), and Order XXII Rule 4 of CPC to condone the delay of 394 days in filing the petition to set aside the abatement caused due to the death of 2nd respondent, to set aside the abatement caused due to the death of the 2nd respondent, and to bring on record respondent Nos.3 to 5 as the legal representatives of the deceased 2nd respondent and rank them as respondent Nos.3 to 5 in the Appeal Suit in A.S.(MD)No.169 of 2024 on the file of this Court.
COMMON ORDER
These Civil Miscellaneous Petitions have been filed to condone the delay of 394 days in filing the petition to set aside the abatement caused due to the death of 2nd respondent, to set aside the abatement caused due to the death of the 2nd respondent, and to bring on record respondent Nos.3 to 5 as the legal representatives of the deceased 2nd respondent and rank them as respondent Nos.3 to 5 in the Appeal Suit in A.S.(MD) No.169 of 2024 on the file of this Court.
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CMP(MD) NOS. 17857, 17858, & 17860 of 2024
counsel for respondent Nos.3 to 5 have not raised any serious objections to these petitions.
Civil Miscellaneous Petitions are allowed.
24-04-2026
Note : The Registry is directed to carry out necessary amendments in the appeal memorandum and list the main Appeal Suit in the usual course.
mkn
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CMP(MD) NOS. 17857, 17858, & 17860 of 2024
P.VADAMALAI, J.
mkn
CMP(MD) NOS. 17857, 17858, and 17860 of 2024 in AS(MD) NO. 169 of 2024
24.04.2026
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1 issue framed by the court
Whether the delay in filing the petition to set aside abatement caused by the death of a respondent can be condoned.
3 provisions across 2 enactments
N.Mani
N.Valliammal
N.Esakki
E.Essakiammal
E.Sankar
E.Suresh
P.VADAMALAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
