Karuppa Padayachi - v. Executive Engineer(O And M)

CMP No.10935 of 2020 in CRP No.1723 of 2013 A.D.JAGADISH CHANDIRA,J.

This petition has been filed seeking to set aside the order dated 05.08.2020 which was abated against the 3rd respondent and to restore the same.

2. The learned Counsel for the 3rd respondent would submit that the 3rd petitioner in the Civil Revision Petition passed away on 28.08.2018 leaving behind the following surviving legal representatives.

1. Maruthayee

2. Murugan

3. Anjalai

4. Periyanayagam

5. Karuppayee

3. The learned Counsel would further submit that C.R.P.No.1723 of 2013 was listed on 05.08.2020 and this Court had dismissed the the same as against the 3rd respondent since, they have failed to implead the legal representatives of the 3rd respondent. She would further submit that if the legal representatives are not brought on record, their valuable rights will be defeated. Hence, she would pray to set aside the abatement order passed by this court vide order dated 05.08.2020 and to restore the same.

4. In view of the same, this Civil Miscellaneous Petition is allowed. The order passed by this Court as against the 3rd respondent in C.R.P.No.1723 of 2013 dated 05.08.2020 is hereby set aside and the C.R.P.No.1723 of 2013 as against the 3rd respondent is restored and taken on file.

5. Registry is directed to number the Miscellaneous Petition to implead the legal representatives of the 3rd respondent, if any filed, and list it along with the Civil Revision Petition.

https://www.mhc.tn.gov.in/judis/ 19.07.2021 ksa-2

A.D.JAGADISH CHANDIRA,J.

ksa-2 CMP No.10935 of 2020 in CRP No.1723 of 2013 19.07.2021 https://www.mhc.tn.gov.in/judis/