MADHAVI AMMA Vs. MARIAN

JUDGEMENT

(1.) This is an application to condone the delay in filing the petition to set aside the abatement caused by the death of the 4th respondent. In the affidavit in support of the application, the petitioners have stated that they were not aware of the death of the 4th respondent till 19-12-1984. The 4th respondent died on 12-6-1982.

(2.) The petitioners submit that they came to know about the death of the 4th respondent only from the memo filed in this court by the respondents' counsel on 3-12-1984. Petitioners say that immediately after obtaining the information of the death of the 4th respondent from the memo filed by the respondents' counsel, the appellants have taken all the necessary and speedy steps to ascertain the correct address of the legal representatives to be impleaded and proper applications for setting aside the abatement for impleading and for condoning the delay caused in filing the application for setting aside the abatement were filed. It is further stated that the appellants had no means to know about the death of the 4th respondent, since the 4th respondent was residing six kilometers away from the place where the appellants are residing. The petitioners wanted to highlight the fact that though the 4th respondent died in June 1982, the learned counsel who appeared in this court for the 4th respondent filed a memo in this court only on 3-12-1984 stating that the 4th respondent died on 12-6-1982. The appellants submit that considering the above facts and events, this court should wink at the delay in filing the application to set aside the abatement.

(3.) The learned counsel for the additional respondents submitted that it was for the appellants to show when they came to know about the death of the 4th respondent and that they should assign good reasons why they did not come to know about it early and satisfy the court that they had no means of knowledge and only then the appellants can get the benefit of the provision of S.5 of the Limitation Act.