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Madras High CourtCMP/9410/2019allowed

Velmurugan v. T.Arumugha Mudaliar

2019-06-06Honourable Mrs Justice R. Hemalatha2 pages

C.M.P.Nos.9410, 9412 and 9415 of 2019 in CRP(NPD).No.3853 of 2011 R. HEMALATHA, J.

These petitions are filed under Section 5 of the Limitation Act and under Order XXII Rule 4 and 9 of Civil Procedure Code, (i) to condone the delay of 230 days in filing the petition to set aside the abatement caused due to the death of the first respondent, (ii) to set aside the abatement caused due to the death of the first respondent and (iii) to bring on record the legal heirs of the deceased first respondent and rank them as respondents 3 to 6.

2. The learned counsel appearing for the respondents did not raise any serious objection in allowing these petitions.

3. This Court is also satisfied with the reasons assigned in Paragraph nos.3, 4 and 5 of the affidavit filed in support of these petitions and in the facts and circumstances, the present petitions are allowed.

4. The Registry is directed to carryout the necessary amendments in the CRP.No.3853 of 2011 and list the main case before the Tamil Nadu Mediation and Conciliation Centre on 13.06.2019. 06.06.2019 mbi (2/2) R. HEMALATHA, J.

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mbi C.M.P.Nos.9410, 9412 and 9415 of 2019 in CRP(NPD).No.3853 of 2011 06.06.2019 (2/2) http://www.judis.nic.in