SHANMUGAM Vs. MUTHAMMAL

JUDGEMENT

(1.) Heard both sides. The Plaintiff in the Suit has filed the above Civil Revision Petition challenging the fair and final order passed in I.A. No. 1092 of 1992 in O.S. No. 737 of 2004 on the file of Principal District Munsif Court, Tiruchengode.

(2.) The Petitioner/Plaintiff filed an application in I.A. No. 1092 in O.S. No. 737 to condone the delay of 145 days in filing the Application to bring on record the legal heir of the deceased/First Defendant. According to the Plaintiff, the First Defendant died intestate on 3.12.2008. The deceased-First Defendant is survived by Defendants 2 to 4 and one Annakodi.

(3.) Since the legal heirs of the deceased-First Respondent are already on record, the Suit has not abated. Only if the Suit is abated, the question of delay would come under Articles 120 & 121 of Limitation Act.