CHATHUNNI Vs. VISALAKSHY

JUDGEMENT

(1.) C.M.Ps. 3711 of 1990 and 3712 of 1990 are petitions filed to substitute the petitioners as the legal representatives of deceased Chathunni (original revision petitioner) in the above C.R.Ps. The other petitions are filed to set aside abatement and for condonation of delay.

(2.) The revision petitioner died on 1-5-1988. The petitions for substitution of the legal heirs were filed on 20-11-1990. The petitions to set aside abatement and the petitions to condone delay were filed on 2-1-1991 and 7-1-1991.

(3.) Petitioners contended that there is no period of limitation for substitution petition filed under S.151 C.P.C. in contra distinction to impleading petition which has to be filed within 90 days as provided under Art.120 of the Limitation Act Counsel submitted that C.M.Ps. 3711 of 1990 and 3712 of 1990 may also be construed as impleading petitions and as a matter of abundant caution petitioners have filed applications to set aside abatement and delay condonation petitions.