R. Mahendran v. M. Natesan

CMP No.20511 of 2021 and CMP No.20516 of 2021 in CMP.No.11571 of 2019 in A.S.No.497 of 2018 C.V.KARTHIKEYAN, J.

These two applications have been filed seeking to bring on record the legal representatives of the deceased 1st respondent, M.Natesan as respondents 6, 7, 8 and 9 in the Civil Miscellaneous Petition which is pending in the First Appeal and also in the Appeal Suit in A.S.No.497 of 2018.

2.In the affidavit filed in support of these petitions it had been stated that the details of the legal representatives had come to the knowledge of the petitioner consequent to the letter dated 11.08.2021 sent by the learned counsel for the 1st respondent. It had been stated that it would only be appropriate that the legal representatives are represented in the First Appeal and also in the Civil Miscellaneous Petition. 3.Heard the learned counsel who appeared for the 1st respondent. The learned counsel stated that he would enter appearance on behalf of the proposed respondents / legal representatives. https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

smv 4.In view of the fact that Appeal Suit is a continuation of the Original Suit and the deceased 1st respondent was the plaintiff in O.S.No.96 of 2007 on the file of the III Additional District Court, Salem, from which judgment and decree, the present Appeal has been filed, though there is a delay in filing petitions, in view of the order of the Hon'ble Supreme Court which had also been followed by this Court, stating that during the period of Covid - 19 Pandemic, the delay would not accrue and it can be condoned, these petitions are allowed. 08.04.2022 smv 1/3 CMP No.20511 of 2021 and CMP No.20516 of 2021 in CMP.No.11571 of 2019 in A.S.No.497 of 2018 https://www.mhc.tn.gov.in/judis