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Madras High CourtCMP/5977/2017allowed

L.Thangapandi Thevar v. V.Krishanan

2019-08-21Honourable Mrs Justice R. Hemalatha3 pages

C.M.P.Nos.5977, 5978 and 5979 of 2017 in CRP(NPD).No.4170 of 2011 R. HEMALATHA, J.

These petitions are filed under Section 5 of the Limitation Act, under Order XXII Rule 9 Civil Procedure Code and under Order XXII Rule 4 of Civil Procedure Code, to condone the delay of 243 days in filing the petition to set aside the abatement caused due to the death of the first respondent in C.R.P.No.4170 of 2011, (ii) to set aside the abatement caused due to the death of the first respondent in C.R.P.No.4170 of 2011 and (iii) to bring on record the respondents 4 to 7 as legal heirs of deceased first respondent and rank them as respondents 4 to 7 in the above civil revision petition respectively.

2. No appearance on behalf of the respondents.

3. This Court is also satisfied with the reasons assigned in Paragraph Nos.2 to 5 of the affidavit filed in support of these petitions and in the facts and circumstances, the present petitions are allowed.

4. The Registry is directed to carryout the necessary amendments in the CRP.No.4170 of 2011 and list the main case on 06.09.2019 for final hearing.

21.08.2019

rrg R. HEMALATHA, J.

rrg C.M.P.Nos.5977, 5978 and 5979 of 2017 in CRP(NPD).No.4170 of 2011

21.08.2019