KUMARA PILLAI Vs. SOMASEKARAN NAIR

JUDGEMENT

(1.) THE fifth respondent in the civil miscellaneous appeal one Gopala Pillai died on 2.1.1986 during the pendency of this civil miscellaneous appeal. The appellants have filed these petitions through the first appellant contending that the first respondent got the information of the death of Gopala Pillai only 12.7.1993 from their Advocate at Madras on being informed by the advocate for the respondent and therefore, after making enquiry they are filing these petitions. The petition in C.M.P.No.11679 of 1993 is for excusing the delay of 2996 days in seeking to set aside the abatement caused by the death of the fifth respondent. C.M.P.No.11680 of 1993 is a petition to set aside the abatement caused by the death of the fifth respondent. C.M.P.No.11681 of 1993 is a petition to bring the respondents 93 to 98 as legal representatives of the deceased fifth respondent. C.M.P.No.11682 of 1993 is a petition for appointing the 95th respondent as the guardian of the minor respondents. In the common -affidavit of the first appellant, he has stated that one of the legal representatives of the deceased is already on record as the fourth respondent and there is no abatement of the appeal for taking steps to implead the legal representatives within 90 days and by way of abundant caution, he is filing these petitions with a petition to excuse the delay on account of the fact that he was not aware of the death of the fifth respondent earlier.

(2.) THE third respondent filed a counter stating briefly as follows: Gopala Pillai died 10 years ago on 8.3.1982. He is a close relation of the appellants. Appellants were present during his funeral. They are also neighbours in premises No.3/28 and 3/31. The reason given by the petitioners for the inordinate delay is not tenable and there is ho bona fides in these petitions and therefore the petitions should be dismissed.

(3.) AGGRIEVED over the order of demand, the 8th defendant in the suit has preferred this civil Miscellaneous appeal since the suit has been dismissed by the trial court at the original instance.