STATE BANK OF INDIA LALGUDI Vs. AKILANDAM

JUDGEMENT

(1.) THESE civil revision petitions are directed against the orders passed in I. A. No. 2365 of 1986 in O. S. No. 319 of 1984 I. A. SR. No. 1631 of 1986 in O. S. No. 319 of 1984 and I. A. No. 518 of 1988 in C. M. A. SR. No. 9988 of 1988 respectively.

(2.) THE short facts are: the revision petition has filed a suit against one Mookkan on the foot of a promissory note. THE said Mookkan died on 18. 2. 1986. Counsel for the said defendant filed a memo on 23. 6. 1986 informing the fact that the sole defendant had died. THE revision petitioner filed I. A. SR. No. 2076 of 1986 on 19. 8. 1986 to implead the legal representatives of the deceased Mookkan. Since that application was filed beyond the time-limit, without any application to condone the delay, that was rejected on 8. 9. 1986. THEreafter on 20. 10. 1986, the revision petitioner filed i. A. No. 2365 of 1986 under Sec. 5 of the Limitation Act to condone the delay of 154 days. That was resisted by the respondents herein. After enquiry, the court below has dismissed the petition and consequently dismissed the petitions filed by the revision petitioner to implead the legal representatives and to set aside the abatement. Aggrieved by the said orders, the revision petitioner has come up with the above revision petitions-