Govindan v. Muthukaruppan (Died)

C.M.P.Nos.14632, 14644 and 14646 of 2019 in SA.No.203 of 2010 R. HEMALATHA, J.

These petitions are filed under Section 5 of the Limitation Act and under Order XXII Rules 3 and 9 of Civil Procedure Code, (i) to condone the delay of 1214 days in filing the petition to set aside the abatement caused due to the death of the third appellant, (ii) to set aside the abatement caused due to the death of the third appellant and (iii) to bring on record the legal heir of the deceased third appellant and rank her as 24th appellant in the above Second Appeal.

2. Mr.D.Sivakumaran, 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.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 amendment in the Second Appeal No.203 of 2010 and list the main case for final hearing on 01.08.2019.

12.07.2019 mbi (2/2) http://www.judis.nic.in

R. HEMALATHA, J.

mbi C.M.P.Nos.14632, 14644 and 14646 of 2019 in SA.No.203 of 2010 12.07.2019 (2/2) http://www.judis.nic.in