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Madras High CourtCMA/3048/2021disposed of

D.Annammal (Died) v. A.Emimal Grace

2025-01-31Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI D.Annammal (Died) D.Sekar ... Appellant Vs.

A.Emimal Grace ... Respondent Prayer:

Civil Miscellaneous Appeal filed under Order 43 Rule 1 of the Civil Procedure Code, to set aside the order of abatement in O.S.No.2437 of 2019 dated 29.07.2019 thereby bring on record the appellant in the place of deceased plaintiff.

For Appellant : M/s.R.Sundarrajan

J U D G M E N T

This appeal has been filed against the order dated 29.07.2019 made in O.S.No.2437 of 2019 on the file of the V Additional Judge, City Civil Court, Chennai.

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2.The learned counsel appearing for the appellant submitted that the appellant's mother Annammal filed suit in C.S.No.767 of 2000 before this Court and the said suit was transferred to the file of the V Additional City Civil Court at Chennai and re-numbered as O.S.No.2437 of 2019 and during the pendancy of the suit in O.S.No.2437 of 2019, the said Annammal died and the suit was dismissed as abated. Challenging the same, the appellant has filed this appeal. 3.The learned counsel appearing for the appellant submitted that the appropriate remedy available to the appellant is to file petition seeking to set aside abatement, bring on record the L.Rs.

of the plaintiff/ Annammal, before the trial Court and prayed that this Court may permit the appellant to file appropriate application before the trial Court and may exclude the period during which this appeal was pending before this Court for the purpose of limitation. 4.In view of the above, the civil miscellaneous appeal is disposed of with liberty to the appellant to file appropriate application before the trial Court in the manner known to law.

limitation. If any such application is filed by the appellant, the trial Court shall consider the same and pass appropriate orders on merits and in accordance with law.

5.The civil miscellaneous appeal is disposed of. No costs. 31.01.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The V Additional City Civil Court at Chennai. 3/4

M.DHANDAPANI,J.

pri 31.01.2025 4/4