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Madras High CourtA/4432/2021allowed with costs

Eternal Word Trust v. Vimala Jacob

2022-03-11Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

1 A.Nos.4432 to 4434 of A.Nos.4432 to 4434 of 2021 in C.S. No.97 of 2018 and A.Nos.4435 to 4437 of 2021 in C.S. No.806 of 2013 V.BHAVANI SUBBAROYAN., J.

In Application No.4432 of 2021:

This application has been filed to condone the delay of 20 days in filing the petition for set aside the abatement to implead the 4th respondent or proposed 4th defendant, as the legal heirs of deceased T. Jacob, in C.S. No.97 of 2018.

In Application No.4433 of 2021:

This application has been filed to set aside the abatement for impleading petition to implead the 4th respondent or proposed 4th defendant, as the legal heirs of deceased T. Jacob, in C.S. No.97 of 2018. In Application No.4434 of 2021:

This application has been filed to bring on record the 4th respondent as the defendant No.4, in C.S. No.97 of 2018, as the legal heirs of deceased T. Jacob.

2 A.Nos.4432 to 4434 of In Application No.4435 of 2021:

This application has been filed to condone the delay of 20 days in filing the petition for set aside the abatement to implead the 4th respondent or proposed 4th defendant, as the legal heirs of deceased T. Jacob, in C.S. No.806 of 2013.

In Application No.4436 of 2021:

This application has been filed to set aside the abatement for impleading petition to implead the 4th respondent or proposed 4th defendant, as the legal heirs of deceased T. Jacob, in C.S. No.806 of 2013. In Application No.4437 of 2021:

This application has been filed to bring on record the 4th respondent as the defendant No.4, in C.S. No.806 of 2013, as the legal heirs of deceased T. Jacob.

2. Heard, the learned counsel appearing for the applicants in all the applications and the learned counsel for the respondents as well as perused the affidavits filed in support of the aforesaid all applications.

3 A.Nos.4432 to 4434 of 3.The learned counsel for the respondents in all the applications has not raised any serious objections to allow these applications.

4. Considering the submissions made on either side, this Court is inclined to allow all these applications to contest the suit effectively. However, in so far as the Application Nos.4432 of 2021 in C.S. No.97 of 2018 and 4435 of 2021 in C.S. No.806 of 2013 which have been filed seeking for to condone the delay of 20 days in filing the application to set aside the abatement on account of demise of T. Jacab, are allowed only on payment of costs of Rs.500/- each to the Advocate's Clerk Association, High Court of Madras.

5. Registry is directed to post the matter on 28.03.2022 for reporting compliance.

11.03.2022 Lbm

4 A.Nos.4432 to 4434 of V.BHAVANI SUBBAROYAN., J.

lbm A.Nos.4432 to 4434 of 2021 in C.S. No.97 of 2018 and A.Nos.4435 to 4437 of 2021 in C.S. No.806 of 2013 11.03.2022