D.Joseph v. D.Jones (Deceased)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-12-2025
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI CMP Nos. 27336, 27338 and 27339 of 2025 in CRP NO. 1598 OF 2023
1. D.Joseph S/o David, No 28, Ponmar Village and Post, Via Vandalur, Chennai 600 048.
Appellant(s) Vs
1. D.JONES (Deceased) 1.Glory Jones, W/o.Late D.Jones Old No. 67/7, Kathir St, Ponmar (Malai Theru) Chengalpattu Dit 600 127.
2.Nyana Raj S/o.Late D.Jones House No.5/218, Periyar St, Srinivasan Nagar, Karanai, Thazhambur Koot Road, Thazhambur, Chennai 130 CMP No. 27338 of 2025
1. D.Joseph S/o David, No 28, Ponmar Village and
Post, Via Vandalur, Chennai 600 048.
Appellant(s) Vs
1. D.JONES (Deceased) 1.Glory Jones, W/o.Late D.Jones Old No. 67/7, Kathir St, Ponmar (Malai Theru) Chengalpattu Dit 600 127.
2.Nyana Raj S/o.Late D.Jones House No.5/218, Periyar St, Srinivasan Nagar, Karanai, Thazhambur Koot Road, Thazhambur, Chennai 130 CMP No. 27339 of 2025
1. D.Joseph S/o David, No 28, Ponmar Village and Post, Via Vandalur, Chennai 600 048.
Appellant(s) Vs
1. D.JONES (Deceased) 1.Glory Jones, W/o.Late D.Jones Old No. 67/7, Kathir St, Ponmar (Malai Theru) Chengalpattu Dit 600 127.
2.Nyana Raj S/o.Late D.Jones House No.5/218, Periyar St, Srinivasan Nagar, Karanai, Thazhambur Koot Road, Thazhambur, Chennai 130
CMP No. 27336 of 2025 PRAYER This petition filed under Section 5 of the Limitation Act, praying to condone the delay of 219 days in filing the petition to set aside abatement caused due to death of the deceased sole respondent in CRP. 1598/2023. CMP No. 27338 of 2025 PRAYER This petition filed under Order 22 Rule 4 of CPC, praying to permit the Petitioner to bring on record the Legal Heirs of the deceased Sole Respondent Late D.Jones Respondents 1 to 4 herein namely his wife Mrs.Glory Jones, his sons Mr.Nyana Raj and Mr.Anand Raj and his daughter Mrs.Nyana Soundarya on record as Respondents 2 to 5 in the civil revision petition. CMP No. 27339 of 2025 PRAYER This petition filed under Order 22 Rule 9 (2) of CPC, praying to set aside abatement caused due to the death of the sole Respondent. In all CMPs For Appellant(s):
M/s. K.V.Babu For Respondent:
Mr.T.Easwara Dhas COMMON ORDER Civil Miscellaneous Petition No.27336 of 2025 has been filed seeking to condone the delay of 219 days in filing the petition to set aside the abatement caused due to the death of the deceased sole respondent in CRP.No.1598 of 2023.
1.1. Civil Miscellaneous Petition No.27338 of 2025 has been filed seeking to bring the Respondents 1 to 4 herein namely, Mrs.Glory Jones, Mr.Nyana Raj and Mr.Anand Raj and Mrs.Nyana Soundarya as legal representatitives of the deceased sole respondent - F.Jones in the civil revision petition.
1.2. Civil Miscellaneous Petition No.27339 of 2025 has been filed seeking to set aside the abatement cause due to the death of the sole respondent in the civil revision petition.
2. Heard the learned counsel for both sides.
3. Having considered the submissions made by the learned counsel for the petitioner and the affidavits filed in support of these miscellaneous petitions, this Court is of the view that it is just and necessary to allow the same, as the presence of the proposed respondents is absolutely essential for the effective disposal of the Civil Revision Petition. This Court also takes note of the fact that notice to the proposed respondents is dispensed with, since they have already been served in the Civil Revision Petition.
4. In the result, these miscellaneous petitions are allowed. 16-12-2025 1/2 Kv Note: Registry is directed to carry out necessary amendments in C.R.P.No.1598 of 2025 pursuant to the aforesaid order.
P.B.BALAJI J.
kv CMP Nos. 27336, 27338 and 27339 of 2025 in CRP NO. 1598 OF 2023 16-12-2025 1/2