Kandaswamy v. Duraisamy (Died)

CMP.Nos.20069, 20070 and 20071 of 2016 in SA.No.774 of 1997 RMT.TEEKAA RAMAN,J., CMP.No.20069 of 2016 has been filed to condone the delay of 167 days in filing an application to set aside the abatement caused due to the death of the first respondent-Duraisamy in the second appeal. CMP No.20070 of 2016 has been filed to set aside the abatement caused due to the death of the first respondent-Duraisamy in the above second appeal. CMP.No.20071 of 2016 has been filed to bring on record the legal heirs of the first respondent-Duraisamy as respondents 11 & 12 in the appeal.

2.Heard both sides. The factum of the death of the first respondentDuraisamy in the appeal in S.A.No.774 of 1997 as their legal representatives are not in dispute.

3.Considering the submissions made on behalf of the learned counsel for the applicants and on being satisfied with the reasons stated in the affidavit filed in support of these applications, in the interest of justice, all these applications are allowed.

4.Registry is directed to carry out the necessary amendment in the cause title within a period of two weeks.

07.08.2019

nvi RMT.TEEKAA RAMAN,J., nvi CMP.Nos.20069, 20070 and 20071 of 2016 in SA.No.774 of 1997 07.08.2019

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