R SEKHAR Vs. RANGASAMI CHETTIAR

JUDGEMENT

(1.) This revision has been filed challenging the order passed by the District Munsif, Kumbakonam in I.A.No.1025 of 1993 dated 18.6.1996.

(2.) The petitioners 1 to 3 before the trial Court are defendants 9 and 10 and third party respectively and they sought to implead themselves as the legal representatives of the deceased 10th petitioner/12th defendant in the final decree proceedings pending before the trial Court. The revision petitioner/1st respondent/plaintiff therein resisted the petition on the ground that since the suit against the deceased 12th defendant abated, the petition filed under Order 22 Rule 4 and Section 151 C.P.C. is not maintainable for the reason that the same was not filed along with a petition to set aside the abatement and that therefore, the same is liable to be dismissed.

(3.) The learned District Munsif after perusal of the records and upon hearing both sides held that since the factum of death of the 12th defendant was reported by the first defendant by a memo dated 3.9.1993, the petition filed within 90 days thereafter is maintainable and that therefore the petitioners have to be permitted to prosecute their case as the legal representatives of the deceased 12th defendant.