B. USMAN SAB Vs. SHEKARAPPA N.

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 9/11/2015 passed in O.S.No.13/2003 on the file of the Principal Civil Judge and JMFC, Honnali (for short, 'the trial Court') whereby, the applications viz., (i) I.A.No.IX under Sec. 5 of the Limitation Act, 1963 for condonation of delay (ii) I.A.No.VIII under Order XXII Rule 9 of CPC for setting aside the abatement, and (iii) I.A.No.VII under Order XXII Rule 3 of CPC for permission to come on record as the legal representative of the deceased plaintiff were dismissed by the trial Court.

(2.) Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

(3.) The material on record discloses that the suit was initially instituted by Mr. B.Usman Sab (father of the petitioner herein) and was represented by the petitioner as his General Power of Attorney holder. During the pendency of the suit, the aforesaid plaintiff having expired, his son the petitioner herein has filed the instant applications (I.A.Nos.VII to IX) seeking to come on record as his legal representative by setting aside the abatement and condoning the delay in filing the application. The said applications having been opposed by the respondent-defendant, the trial Court proceeded to pass the impugned order rejecting all the three applications, aggrieved by which, the petitioner is before this Court by way of the present petition.