T M VEERACHARI Vs. P C KANNAN DECEASED

JUDGEMENT

(1.) THE first respondent in the appeal died on 20.9.1986. THE petitioner has filed the application for bringing the legal representatives on record only on 23.8.1989. He has also filed applications for condonation of delay of 918 days in seeking to set aside the abatement and also for setting aside the abatement caused by the death of the first respondent.

(2.) THE reason given in the affidavit filed by the petitioner is that in the proceedings, he was being assisted by one Venu Chettiar who used to come to Madras in connection with his matters pending in the High Court. According to the affidavit, he informed the said Venu Chettiar to inform his counsel in turn about the death of the first respondent and to take such steps as may be necessary to bring the legal representatives on record. It is further stated that he was under the impression that the said Venu Chettiar would have informed his counsel and that proper steps would have been taken to bring the legal representatives on record. Venu Chettiar died on 29.12.1988, and the petitioner claims to have met his counsel at a casual visit to Madras on 8.8.1989 when according to him he became aware of the fact that no application had been filed to bring the legal representatives on record.

(3.) ON the facts of this case, we are convinced that the petitioner has not been diligent in initiating steps to bring the legal representatives on record and there is no sufficient cause for condoning the inordinate delay of 918 days. Hence, these petitions are dismissed.