Murugavel v. Kasthuri

C.M.P.Nos.15585, 15592 & 15593 of 2022 in C.R.P. No. 20 of 2017 T.V. THAMILSELVI, J.

These petitions have been filed seeking to condone the delay of 1296 days in filing the petition to implead the legal representatives of deceased 3rd respondent, to set aside the abatement caused due to the death of 3rd respondent, and to bring on record the proposed respondents 5 to 8 herein as legal representatives of deceased 3rd respondent.

2. Mr.S.Senthilnathan, learned counsel for petitioners herein submitted that on receipt of memo from the learned counsel for respondents, they came to know that pending Civil Revision Petition, 3rd respondent died on 17.08.2018. He would submit that inadvertently the petitioner did not follow the case, and only recently, he contacted the counsel and taken steps to bring the legal heirs on record. However, the delay of 1296 days arose and the delay is neither willful nor wanton. Hence, he has filed the above petitions.

1\3

3. Considering the memo filed by the learned counsel for respondents as well as the reasons assigned in the petition seems to be justifiable one, this Court is inclined to allow the above petitions. Accordingly, the proposed legal representatives of the 3rd respondent are impleaded as respondents 5 to 8 in the above Civil Revision Petition.

4. Issue notice to the proposed respondents 5 to 8 returnable by 11.11.2022. Private notice is also permitted.

5. Post the matter on 11.11.2022.

19.10.2022 rpp Note :- The Registry is directed to carry out the necessary amendment in the cause title.

2\3

T.V.THAMILSELVI, J.

rpp C.M.P.Nos. 15585, 15592 & 15593 of 2022 in C.R.P. No. 20 of 2017 19.10.2022 3\3