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Madras High CourtCMP/13427/2022allowed

Ramasamy v. V.V. Palanisamy

2022-10-19Honourable Mrs Justice T.V.Thamilselvi3 pages

C.M.P.Nos.13427, 13428 & 13429 of 2022 in C.R.P. No. 1574 of 2015 T.V. THAMILSELVI, J.

These petitions have been filed seeking to condone the delay of 1673 days in filing the petition to implead the legal representatives of deceased 8th respondent, to set aside the abatement caused due to the death of 8th respondent, and to bring on record the proposed respondents herein as legal representatives of deceased 8th respondent.

2. Mr.C.Deivasigamani, learned counsel for petitioners herein submitted that pending Civil Revision Petition, 8th respondent died on 22.04.2017. He would submit that as the 1st petitioner is a senior citizen, he is not able to get the particulars in time and he is unable to give instructions to his counsel. Hence, the delay of 1673 days arose in filing the above petitions and the delay is neither willful nor wanton. Hence, he has filed the above petitions.

3. Mr.P.Muthukrishnan, learned counsel for respondents 1 and 2 appeared and raised his formal objections.

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4. Considering his objections as well as the reasons assigned in the above petitions seems to be justifiable one, this Court is inclined to allow the above petitions. Accordingly, the proposed legal representatives of the 8th respondent is impleaded as respondents 25 to 27 in the above Civil Revision Petition.

19.10.2022 rpp Note :- The Registry is directed to carry out the necessary amendment in the cause title and post the matter on 02.11.2022. 2\3

T.V.THAMILSELVI, J.

rpp C.M.P.Nos. 13427, 13428 & 13429 of 2022 in C.R.P. No. 1574 of 2015 19.10.2022 (3/5) 3\3