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Madras High CourtCMP/13819/2021allowed

Saritha v. M.A.Shanmugam

2022-02-23Honourable Mr Justice C.V. Karthikeyan2 pages

CMP.Nos.13819, 13824 & 13829 of 2021 in CRP (PD) No.945 of 2017 C.V.KARTHIKEYAN, J.

These three applications had been filed seeking to condone the delay of 312 days in filing application to set aside the abatement caused due to the death of the 2nd respondent / Pulli Gounder @ Vella Gounder / 1st defendant in O.S.No.138 of 2009 which is now pending on the file of the District Munsif Court, Paramathy. The other two applications had been filed to set aside the abatement and to bring on record legal representatives.

2.In the affidavit filed in support of the present applications, it had been stated that the petitioner herein, was not able to collect the details of the legal representatives of the 2nd respondent / 1st defendant and also to could not come over to Chennai to meet the counsel to give necessary instructions to take appropriate steps for filing applications to bring on record the legal representatives of the 1st defendant. 3.A perusal of the record show that the 2nd respondent for whom, to bring on legal representatives the present applications have been filed was the 1st defendant in the suit and he did not appear or contest the impugned order in IA.No.186 of 2015 which was an application filed by the plaintiff in the suit to introduce further documents.

https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

smv 4.In view of the fact that he did not even contest the said application, let me not hold for these three applications any further, but allow them by condoning the delay and setting aside the abatement and directing the legal representatives to be brought on record. All the three applications are allowed.

5.The Registry, in the main Civil Revision Petition may indicate in the cause title the death of the 2nd respondent / Pulli Gounder and bring on record his legal representatives, Kannamal @ Kaliammal, Palanisamy, Sundarasu, Parvathy, Ravi (died), Santhamani and Papaathi who are shown as the respondents in the revision petition. 23.02.2022 smv 2/3 CMP.Nos.13819, 13824 & 13829 of 2021 in CRP (PD) No.945 of 2017 https://www.mhc.tn.gov.in/judis