T.R.Govindan v. K.Ganesan

C.M.P. Nos. 15594, 15595 & 15596 of 2022 in C.R.P. No. 1662 of 2019 T.V.THAMILSELVI, J.

These Civil Miscellaneous Petitions have been filed seeking to condone the delay of 36 days in filing the petition to set aside the abatement, to set aside the abatement caused due to the death of sole petitioner, and to bring on record the proposed petitioners 2 and 3 herein as legal representatives of deceased sole petitioner.

2. Today, when the matter taken up for hearing, the learned counsel for petitioner appeared and reported that the sole petitioner died on 23.10.2021. He would submit that since there was a grief in the house of proposed petitioners 2 and 3, they could not file a petition to set aside the abatement within a stipulated period, and the delay of 36 days arose. Hence, he has filed the above petitions on 05.09.2022 and the same were numbered, however, the same were not put up with the above C.R.P. Therefore, he prayed to allow the above petitions and the amendments may be carried out in the cause title.

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3. Mr.Fracis Cadric Deruz, learned counsel for respondents appeared and submitted that he has no objection in allowing the above petitions.

4. As this Court by an order dated 21.09.2022 passed an order dismissing the above C.R.P. without amending the cause title by impleading the legal heirs of sole petitioner, the order passed by this Court on 21.09.2022 is recalled. Furthermore, considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit, in the interest of justice, all the petitions are allowed. The proposed legal representatives of the sole petitioner are impleaded as petitioners 2 and 3 in the above Civil Revision Petition.

5. Registry is directed to carry out the necessary amendment in the cause title and post the matter on 13.10.2022. 26.09.2022 rpp 2/3

T.V.THAMILSELVI, J.

rpp 15596 of 2022 in C.R.P. No. 1662 of 2019 26.09.2022 3/3