KUMARESAN Vs. SABASTHIYAN

JUDGEMENT

(1.) C .R.P.No.2568/2013 has been filed challenging the order of the learned District Munsif -cum -Judicial Magistrate, Kattumannarkoil dated 17.08.2011 made in I.A.No.124/2006 in O.S.No.205/2004 on the file of the said judge. The said interlocutory application was filed by the revision petitioners, who are 3 in number, claiming them to be the legal representatives of Ramachandran (deceased), who figured as plaintiff No.3 in the above said suit. The said interlocutory application was filed for condoning the delay of 709 days in filing an application to bring them on record as legal representatives of the deceased Ramachandran.

(2.) C .R.P.No.2569/2013 has been filed by the revision petitioners 1 to 3, who claimed to be the legal representatives of the deceased Ramachandran, who figured as plaintiff No.3 in the above said suit against the order of the learned trial judge dated 17.08.2011 made in I.A.No.125/2006 in O.S.No.205/2004. The said interlocutory application had been filed for condoning the delay of 139 days in filing the application to restore the above said suit, which was dismissed for default on 5.10.2005.

(3.) O .S.No.205/2004 came to be filed initially by one Utthiriga Mary and Yesu Mary, who figured as plaintiffs 1 and 2 against the respondents herein. Subsequently, Ramachandran was impleaded as Plaintiff No.3 by virtue of an order dated 16.10.1992 on the premise that he had purchased one of the suit properties under sale deeds dated 09.05.1991 and 10.05.1991. The following were the reliefs prayed for in the plaint: -