Subramani, v. Palaniappan
Case brief
What is this about?
Short single-Judge Madras High Court order allowing civil miscellaneous petitions arising in a pending second appeal of 2015: sets aside the abatement following the third respondent's death and brings his legal heir on record as the fourth respondent; premised on same-day condonation of a 542-day delay through CMP(MD)No.926 of 2024; no opposition recorded (no representation for the fourth respondent; counsel heard only for the petitioner and the first respondent); Registry instructed to amend the main papers. Keywords: abatement set aside; legal heir brought on record; condonation of delay 542 days; CMP in second appeal; substitution of deceased party by heir.
What did the court decide?
Abatement caused by the death of the third respondent set aside; proposed fourth respondent brought on record as legal heir of the deceased third respondent and ranked as fourth respondent in S.A.(MD)No.751 of 2015; Registry directed to amend the main papers accordingly.