S.Rajendran v. Prakasam

CMP Nos.1940, 1943 and 1944 of 2022 in AS No.509 of 2017 R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

(Order of the Court was made by R.SUBRAMANIAN, J.) These petitions have been filed praying for condonation of delay of 347 days in seeking to set aside the abatement caused by the death of one B.Thambaiyaa, eighth respondent in the Appeal, to set aside the abatement and to bring on record respondents 16 to 19 as his legal representatives and ranked them as respondents 17 to 20 in the Appeal. Mr.A.Arun Babu, learned counsel appears for the proposed parties.

2. Accepting the reasons assigned in the affidavits filed in support of these petitions, all these petitions are allowed. The delay of 347 days in seeking to set aside the abatement is condoned, the abatement caused by the death of the eighth respondent is set aside, the respondents 16 to 19 are brought on record as the legal representatives of the deceased eighth respondent and are ranked as respondents 17 to 20 in the Appeal.

https://www.mhc.tn.gov.in/judis 1/2

R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

3. The Registry is directed to carry out the necessary amendment in the Appeal.

[R.S.M., J.] [R.S.V., J.] 05.06.2024 jv CMP Nos.1940, 1943 and 1944 of 2022 in AS No.509 of 2017 1/2 https://www.mhc.tn.gov.in/judis 2/2