Mrs.V.Maragatham And 2 Others v. T.M.Sampath Kumar And 4 Others

Appl. Nos.4726, 4727 and 4728 of 2019 in CS No.538 of 2011 R.SUBRAMANIAN,J.

These applications have been filed seeking to condone the delay of 2583 days seeking to set aside the abatement cause due to the death of the first defendant in the suit, to set aside the abatement and to bring on record the applicants, who are the Legal Representatives of the deceased first defendant as defendants 6 to 8 in the suit.

2. Considering the averments made in the affidavit filed in support of the application and the fact that the first defendant had died soon after the initiation of the suit, I am of the considered opinion that the delay deserves to be condoned and accordingly, delay is condoned. Accordingly, all the three applications are allowed. The delay is condoned, the abatement caused by the death of the first defendant is set aside, the applicants are brought on record as defendants 6 to 8 in the suit. The learned counsel for the plaintiff is permitted to carry out the necessary amendment and file amended copies of the pliant by 19.07.2019.

10.07.2019 jv http://www.judis.nic.in

R.SUBRAMANIAN, J.

jv Appl. Nos.4726, 4727 and 4728 of 2019 in CS No.538 of 2011 10.07.2019 http://www.judis.nic.in