RETHINAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) MUTHUSAMY. On 23.7.1993, the matter was posted for taking steps to bring his legal representatives on record. However, the respondent not having taken steps, the suit was dismissed on that day as being abated. On 3.4.1994, the respondent filed an application I.A.No.161 of 1997 to condone the alleged delay of 222 days in seeking to set aside the abatement caused by the death of the said MUTHUSAMY. In the affidavit in support of the application for condonation of delay, it was stated as follows: ?The said MUTHUSAMY had died on 18.9.1989 and the case was posted on 23.7.1993 for impleading the legal representatives of the deceased/sole defendant as additional defendants in the case and since no petition to implead the legal representatives of the deceased defendant had been filed on 23.7.1993, the suit was dismissed observing that on the death of the defendant MUTHUSAMY, the suit stood abated.?

(2.) THE further case in the affidavit was that the respondent could not collect the necessary details about the legal representatives of the deceased/sole defendant in time, which had also consumed such time. It was stated that the Collector was also confronted with flood relief and other related matters which required undivided attention to the affected families and helpless persons and that the dismissal of the suit would cause hardship and loss to the State and that non-filing of the application in time was neither wilful nor wanton or deliberate, and that was solely beyond the control of the respondent.

(3.) IN the decision of the Supreme Court, there was material to show that the State, in that case, knew about the death of the other party only from the endorsement made in the summons sent by the court and immediately thereafter, details were gathered and steps were taken to bring the legal representatives on record. I do not think, that the decision of the Supreme Court will apply to the facts of the present case in which there are. INdeed, materials to show that as early as on 11.11.1989, the respondent had been notified about the death of the said Muthusamy. There was a reply given by the Collector on 21.12.1989 and the suit was filed against a dead person on 11.7.1991. This state of affairs continued till the matter was posted on 23.7.1993 for taking steps to bring the legal representatives on record and on 23.7.1993, the suit was dismissed as having abated as no steps, as directed by the court were taken.