Palanisamy v. Palanisamy

C.M.P.Nos.194, 190 & 185 of 2019 in S.A.No.194 of 2007 C.V.KARTHIKEYAN,J.

Registry may delete the noting that the 3rd appellant died in the cause list.

2.These applications have been filed consequent to the death of the 4th respondent seeking to condone the delay in filing the application to set aside the abatement and to set aside the abatement and to bring on record the legal representatives as the respondents 5 and 6. 3.Notice had been directed and Mr. V.Sekar, learned counsel entered appearance on behalf of the respondents 5 & 6. 4.In the affidavit filed in support of the petition with respect to the delay in filing these applications, it had been stated that the death of the 4th respondent came to be known only when information regarding the same was given. Thereafter, it had been stated that the delay in filing the applications has been neither willful nor wanton.

5.Since the appeal has been admitted and substantial questions of law had been framed, it is only appropriate that the Court answers the substantial questions of law and the legal representatives are also given an opportunity to participate in the judicial proceedings. In view of that fact, all the applications are allowed.

sms 14.07.2022

C.V.KARTHIKEYAN,J.

sms C.M.P.Nos.194, 190 & 185 of 2019 in S.A.No.194 of 2007 (1⁄2) 14.07.2022