Nithyanandam v. Ramanuja Reddiar(Died)

CMP.Nos.1717, 1718 & 1719 of 2008 in S.A.No.879 of 2005 C.V.KARTHIKEYAN, J.

These petitions have been filed consequent to the death of the sole respondent who was the plaintiff in the original suit and who had died pending the Second Appeal. These petitions have been filed seeking to condone the delay of 140 days in filing petition to set aside abatement, to set aside abatement and to bring on record the legal representatives of the sole respondent as respondents 2 to 6.

2.In the affidavit filed it had been stated that a letter had been received from the counsel for the respondent on 28.07.2008 about the death of the respondent. Immediately, thereafter steps have been taken and it is stated that the delay is neither willful nor wanton. 3.In view of the fact that the respondent was the plaintiff in the suit, the Civil Miscellaneous Petitions are allowed. 1/2 https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN,J.

smv 4.The Registry may carryout necessary amendment indicating the death of the sole respondent, Ramanuja Reddiar and bring on record his legal representatives as respondents 2 to 6 as shown in the Civil Miscellaneous Petitions.

05.07.2022 smv 1/2 CMP.Nos.1717, 1718 & 1719 of 2008 in S.A.No.879 of 2005 2/2 https://www.mhc.tn.gov.in/judis