A ANANDAN Vs. K AMUTHA

JUDGEMENT

(1.) THE application in M.P.No.1 of 2011 is filed by the petitioners/appellants to condone the delay of 935 days in representing O.S.A.S.R.No.43783 of 2008.

(2.) O.S.A.SR.No.43783 of 2008 arises out the order passed by the learned single Judge dated 11.3.2008 allowing the application in A.No.6738 of 2007 in C.S.No.592 of 2007 filed under Order VII Rule 11 C.P.C. read with Order XIV Rule 8 of the Original Side Rules and thereby rejecting the plaint in C.S.No.592 of 2007 filed by the petitioners/appellants on the ground that the suit is barred under Order II Rule 2 C.P.C.

(3.) THE said Somasundara Mudaliar, who purchased the property from Arunachala Naicker, had executed a Will dated 5.3.1976 in favour of the respondent/defendant, who is stated to be the adopted daughter of Somasundara Mudaliar. THE said Will was probated in the High Court in O.P.No.127 of 1986 and Probate has been granted in favour of the respondent/defendant.