JUVAM BOUTHIS PINTO Vs. NONU MOLIY

JUDGEMENT

(1.) THE instant Civil Revision petition arises out of the order dated 17th April 2004 passed by the learned Civil Judge (Jr. Dvn.)and J. M. F. C. Belthangady on I. A. V. in O. S. No. 212/1992.

(2.) SINCE the original petitioner is dead, he is represented by his legal representatives 1 (a) to 1 (d ). The only grievance of petitioners in the instant revision petition is that, when the original suit in O. S. No. 212/1992 was pending adjudication before the Trial Court and the same was at the stage of recording evidence, learned counsel appearing for deceased respondent, now represented by his legal representatives in its revision petition, had filed a memo on 16th March 2004 stating that, the deceased respondent has expired recently. The said memo was placed on record and the matter was adjourned to 23rd March 2004. Thereafter, petitioners have filed the application, i. A. V. under Order XXII Rule 4 read with Section 151 of the Code of Civil Procedure praying that, petitioners may be permitted to bring the legal representatives of deceased respondent on record as defendants nos. 1 (a), 1 (b) and 1 (c ). The said application had come up for consideration before the Trial court and the Trial Court after hearing, dismissed the application filed by petitioner and consequently dismissed the suit also as abated on the sole ground that, petitioners have not chosen to bring the legal representatives of deceased on record within the mandatory period of ninety days from the date of death of deceased respondent in as much as the respondent had died on 13th December 2003 and in spite of giving sufficient opportunity to make necessary application to the petitioners, they have not filed the necessary applications within time. Accordingly, the Trial Court has proceeded to dismiss the application filed by petitioners and consequently dismissed the suit also as barred by time. Assailing the correctness of the impugned order passed on I. A. V. as referred above, vide Annexure-A, petitioners herein have presented the instant revision petition.

(3.) I have heard learned counsel appearing for petitioners. Respondents are served and unrepresented.