MANIKANTAN Vs. CHOCKALINGAM PILLAI

JUDGEMENT

(1.) THE petitioner/appellant/first defendant has filed the present Civil Revision Petition before this Court as against an order dated 28/1/2003 in I.A.No.119 of 2003 in A.S.No.123 of 1997 passed by the learned Principal Sub- Judge, Padmanabhapuram.

(2.) THE learned First Appellate Authority viz., the learned Sub-Judge, Padmanabhapuram, while passing orders in I.A.No.119 of 2002 in A.S.No.123 of 1997 dated 28/1/2003 has among other things observed that "the Revision petitioner has not taken steps in time to implead the deceased second Respondent's Legal Representatives and has come to the conclusion that there is no reason to allow the application and resultantly, dismissed the same with costs."

(3.) THE learned counsel for the petitioner/Appellant/first defendant takes a plea that the petitioner has filed I.A.No.119 of 2002 to excuse the delay of sixteen days for filing the impleading petition and the reason assigned by the petitioner in the affidavit is that the petitioner has come to know about the death of the second respondent only on 28/4/2011 when the Advocates appearing for the respondents 1 to 4 in I.A.No.119 of 2002 has given him the copy of the same and therefore, the delay has occasioned not on account of his fault and also the same is not wilful.