Prp. Exports v. Rakku

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR in A.S.(MD)No.169 of 2016 P.R.P.Exports, through its Managing Director, P.Palanichamy, S/o.P.Pinnathevar, Velu Complex, Madurai Main Road, Madurai Town, Madurai Taluk, Madurai District.

... Petitioners in all C.M.Ps.

-vs1.Rakku 2.Kannathal 3.Rajambal Veerasamy (Died) 4.Jeganathan 5.Rajendran 6.Alagarsamy 7.Gouse Mohaideen

8.Muthuramalingam 9.Kesavan 10.Periyasami 11.Vellaisami 12.Angamuthu 13.Alagiyameenal 14.Vijaya 15.Thangamuthu Amsavalli (Died) Kalavathi (Died) 16.Meenal 17.Sivanathan 18.Sevugarathinam 19.Ponmozhi 20.Ilavarasu 21.Dhanalakshmi 22.K.Padmanaban 23.K.Muthukumararaja 24.K.Premalatha 25.K.Dhanasekaran

26.V.Karunanithi 27.Rakku 28.V.Swaminathan 29.Swaminathan 30.S.Kubendran 31.Gokila ... Respondents in all C.M.Ps.

COMMON PRAYER: Petitions filed under Section 5 of Limitation Act, under Order 22 Rule 9(2) of CPC and Order 22 Rule 3 of CPC to condone the delay of 703 days in filing the petition to set aside the abatement caused due to the death of the 13th respondent in the appeal, to set aside the abatement cause due to the death of the 13th respondent and to bring on record the legal representatives of the deceased 13th respondent and rank them as respondents 26 to 28. For Petitioners :

Mr.G.Sridharan COMMON ORDER (Order of the Court was made by C.V.Karthikeyan, J.) These there applications have been filed consequent to the death of the 13th respondent to condone the delay of 703 days in filing the application to set aside the abatement, to set aside the abatement and to

bring on record the legal heirs of the deceased 13th respondent as respondents 26 to 28 in the appeal.

2. Notice had been directed to the respondents. Notice had been served. Names have been printed in the cause list. There is no representation either in person or through their counsel.

3. In the affidavits filed in support of these petitions, it had been stated that the fact of death of the 13th respondent came to be known only after the disposal of the suit. Thereafter, these applications have been filed. Hence, there has been a delay.

4. In view of the fact that notice had been served, the delay is condoned and these applications are allowed. Registry to carry out necessary amendment in the cause title.

[C.V.K., J.] [R.V., J.] vsm 17.11.2025

C.V.KARTHIKEYAN , J.

and R.VIJAYAKUMAR , J.

vsm 17.11.2025