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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar, J
Sivaji – Appellant
Versus
Vaiyapuri – Respondent
| Table of Content |
|---|
| 1. introduction of legal representatives after a party's death. (Para 2) |
| 2. argument for petition acceptance despite death. (Para 3) |
| 3. reasoning on delay consequences and trial court's observations. (Para 4) |
| 4. established that delay in petitions can still allow for proceedings to continue. (Para 5) |
| 5. court's conclusion and dismissal reasoning. (Para 6) |
ORDER
This Civil Revision Petition has been filed challenging the order passed by the Trial Court, dismissing the application filed by the petitioner to bring on record the legal representatives of the deceased 2nd defendant.
2. The petitioner herein/ plaintiff filed a suit in O.S.No.89 of 2020 for bare injunction against the first defendant and one Ramalinga Thevar ( now deceased)/ 2nd defendant. Pending suit, the said Ramalinga Thevar died on 15.08.2021. Therefore, instant application has been filed by the petitioner on 07.06.2024 seeking permission to bring on record the legal representatives of the deceased 2nd defendant. The said application was dismissed by the Trial court on ground that the petitioner failed to file petitions to set aside the abatement caused due to the death of 2nd defendant and also to condone t
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