SATHI DEVI Vs. RAMALINGAM PILLAI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the legal representatives of the appellant in A. S. No. 350 of 1975, on the file of the district Judge, Trivandrum. The appellant in that case died on 22-8-1976. The fact of death was not reported to Court within 90 days. Neither the legal representatives got themselves impleaded within the period, it was only on 10-10-1977 that it was reported that the appellant was dead. The case was adjourned to 25 10-1977, and, thereafter, to 5-11-1977 and 23-11-1977. On 7-11-1977 petitions were filed for impleading the present appellants as legal representatives and also for setting aside the abatement and for condoning the delay. The petitions were opposed. The Court upheld the objection and dismissed the petitions. The present appeal is filed against the above order.

(2.) THE fact that the original appellant died on 22-8-1976 is not disputed According to the appellants, who are his wife and children, they had no knowledge about the appeal. As soon as they came to know of the appeal they filed the necessary application for getting themselves impleaded, for setting aside the abatement and for condoning the delay. It is their case that since there was neither negligence nor inadvertence on their part this is a fit case where the delay should be condoned under S. 5 of the Limitation Act (for short the Act ). THE point for consideration is whether the ignorance about the existence of the appeal is sufficient reason for condoning the delay under s. 5 of the Limitation Act.