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Madras High CourtCMP/13691/2019allowed

Late Dakshinamurthi v. Vasantha

2019-07-15Honourable Mrs Justice R. Hemalatha2 pages

C.M.P.Nos.13691, 13693 and 13698 of 2019 in CRP(PD).No.4093 of 2012 R. HEMALATHA, J.

These petitions are filed under Section 5 of the Limitation Act, under Order XXII Rule 9 Civil Procedure Code and under Order XXII Rule 3 of Civil Procedure Code, to condone the delay of 951 days in filing the petition to set aside the abatement caused due to the death of the first petitioner in C.R.P.No.4093 of 2012, (ii) to set aside the abatement caused due to the death of the first petitioner in C.R.P.No.4093 of 2012 and (iii) to bring on record the petitioners 2 to 5 as legal heirs of deceased first petitioner and rank them as petitioners 2 to 5 in the above civil revision petition respectively.

2. No appearance on behalf of the respondents.

3. This Court is also satisfied with the reasons assigned in Paragraph Nos.3 and 4 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.4093 of 2012 and list the main case on 02.08.2019 for final hearing.

15.07.2019 rrg http://www.judis.nic.in

R. HEMALATHA, J.

rrg C.M.P.Nos.13691, 13693 and 13698 of 2019 in CRP(PD).No.4093 of 2012 15.07.2019 http://www.judis.nic.in