Allowed¶47

M.Subbaiah v. M.P.Muthuraman

Madras HC27 Mar 2026CMP(MD)/239/2018

Case brief

AI extract

What is this about?

Condonation of delay of 228 days; abatement set aside on death of 2nd respondent; impleading of legal heir as 12th respondent; Section 5 Limitation Act; Order XXII Rules 9 and 4 CPC; AS(MD) No. 8 of 2017; Madras High Court Madurai Bench; petitions allowed; Registry to amend appeal memorandum.

What did the court decide?

Delay of 228 days in filing the petitions condoned; abatement caused by the death of the 2nd respondent set aside; proposed 12th respondent brought on record as legal heir of the deceased 2nd respondent and to be ranked as 12th respondent in A.S.(MD)No.8 of 2017; Registry directed to carry out necessary amendments in the appeal memorandum. ¶47

M.Subbaiah Vs M.P.Muthuraman — Madras HC (2026) — LawSathi Research

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CMP(MD) NOS. 239 to 241 of 2018

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 27-03-2026

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CORAM

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THE HONOURABLE MR JUSTICE P.VADAMALAI

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CMP(MD) NOS. 239 to 241 of 2018

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AS(MD) NO. 8 of 2017

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M.Subbaiah

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Petitioner(s) in all petitions

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1.M.P.Muthuraman

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2.P.S.Yogeswari (Died)

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3.P.Meyyappan

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4.A.Gandhimathi Aachi

5.A.Muthuraman

6.A.Meyyappan

Y.Deivanai (Died)

7.Y.Muthuraman

1/5

https://www.mhc.tn.gov.in/judis

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CMP(MD) NOS. 239 to 241 of 2018

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M.Sornam Aachi (Died)

8.M.Muthuraman

9.M.Palaniappan

10.Ramu @ Eswari

11.Meena

12.S.Ramani @ Palaniyappan

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Respondent(s) in all petitions

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For Petitioner(s) in all petitions : Mr.R.Subramanian, Advocate

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For Respondent(s) in all petitions : Mr.RMS.Sethuraman, Advocate for R7 & R9

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Common Prayer : Civil Miscellaneous Petitions are filed under Section 5 of the Limitation Act, Order XXII Rule 9 of the Code of Civil Procedure, and Order XXII Rule 4 of the Code of Civil Procedure, to condone the delay of 228 days in filing the petition to set aside the abatement caused due to the death of the 2^nd respondent, to set aside the said abatement, and to bring on record the proposed 12^th respondent herein as the legal heir of the deceased 2^nd respondent and to implead and rank him as the 12^th respondent in the Appeal Suit in A.S.(MD)No.8 of 2017 on the file of this Court.

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2/5

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https://www.mhc.tn.gov.in/judis

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CMP(MD) NOS. 239 to 241 of 2018

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COMMON ORDER

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These Civil Miscellaneous Petitions have been filed to condone the delay of 228 days in filing the petition to set aside the abatement caused due to the death of the 2^nd respondent, to set aside the abatement caused due to the death of the 2^nd respondent, and to bring on record the 12^th respondent herein as the legal heir of the deceased 2^nd respondent and rank him as the 12^th respondent in the Appeal Suit in A.S.(MD)No.8 of 2017 on the file of this Court.

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