U. Parthan v. P.S. Ulagaratchagan

C.M.P.Nos.2591, 2594 & 2597 of 2022 in A.S.No.1090 of 20089 C.M.P.Nos.2591, 2594 & 2597 of 2022 in A.S.No.1090 of 2009 R. HEMALATHA, J.

These petitions are filed (i)under Section 5 of the Limitation Act, to condone the delay of 938 days in filing the petition to set-aside the order of the abatement caused due to the death of the first appellant (ii) Under Order XXII Rule 9 CPC to set-aside the order of the abatement caused due to the death of the first appellant and (iii) Under Order XXII Rule 3 CPC to bring on record the legal heirs of the deceased first appellant and rank him as third appellant, respectively. 2.The learned counsel for the respondents did not raise any serious objection and this Court is satisfied with the reasons assigned in the affidavit filed in support of these petitions. Hence, these petitions are allowed.

3.The Registry is directed to carryout necessary amendments in A.S. No.1090 of 2009 and list the matter for final hearing on 09.11.2022. 13.10.2022 (2/2) bga https://www.mhc.tn.gov.in/judis 1/2

C.M.P.Nos.2591, 2594 & 2597 of 2022 in A.S.No.1090 of 20089 R. HEMALATHA, J.

bga C.M.P.Nos.2591, 2594 & 2597 of 2022 in A.S.No.1090 of 2009 13.10.2022 https://www.mhc.tn.gov.in/judis 2/2