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Madras High CourtA/2260/2021allowed

Mr.N.Krishnasamy (Deceased) 1.K.Balachander v. P.D. Emmanuel And 7 Others

2021-07-14Honourable Mr Justice R. Subramanian2 pages

A.Nos.2260 to 2262 of 2021 in C.S.No.475 of 2014 A.Nos.2260 to 2262 of 2021 in C.S.No.475 of 2014 R.SUBRAMANIAN, J.

These applications have been filed seeking to condone the delay of 260 days in filing the application to set aside the abatement caused by the death of the sole plaintiff, set aside the abatement and to bring on record the legal heirs of the deceased sole plaintiff.

2. The applicants are the sons and daughter of the deceased sole plaintiff. The status of the applicants as the children of the sole plaintiff is not being disputed.

3. Considering the reasons assigned in the common affidavit filed in support of all these applications, and the fact that the lock-down due to COVID-19 came into force from 24.03.2020, these applications are allowed and the delay of 260 days in seeking to set aside the abatement is condoned, the abatement caused by the death of the sole plaintiff is set aside and the applicants are brought on record as the plaintiffs 2 to 4 in the suit. Page No.1/2 https://www.mhc.tn.gov.in/judis/

A.Nos.2260 to 2262 of 2021 in C.S.No.475 of 2014 R.SUBRAMANIAN,J.

dsa

4. The learned counsel for the plaintiffs to carry out required amendments and file amended copy of the plaint by 29.07.2021.

5. Post on 29.07.2021.

14.07.2021 dsa A.Nos.2260 to 2262 of 2021 in C.S.No.475 of 2014 Page No.2/2 https://www.mhc.tn.gov.in/judis/