A SELVI Vs. BASKARAN

JUDGEMENT

(1.) THIS revision is preferred against the order of learned District Munsif, Thiruthuraipoondi, made in I. A. No. 113/2002 in O. S. No. 63/1989, dismissing the application filed under Sec. 5 of the Limitation Act, declining to condone the delay of 240 days in filing the application to implead the legal heirs.

(2.) IT is necessary to refer to the brief facts: the Plaintiff Dhanalakshmi Ammal (since dead) has filed O. S. No. 63/1989 for declaration of her possessory right and for delivery of vacant possession relating to a house site in Thiruthuraipoondi in S. No. 21/3. During the pendency of the suit, on 20. 1. 1994 Dhanalakshmi Ammal died. On the strength of the Registered Will executed by her, the beneficiaries under the will viz. , the Plaintiffs, Anbazhagan and Baskaran have been brought on record. On 27. 1. 2001, the Plaintiff Anbazhagan died in a car accident. The application to bring on the legal heirs of Anbazhagan ought to have been filed within ninety days. But the application was not filed in time.

(3.) THIS application was filed to condone the delay in filing the legal heir petition and, to set aside abatement and to bring on record the legal heirs, petitions under Or. 22 R. 3 CPC were filed on 26. 2. 2002. In seeking for condonation of delay, in the supporting affidavit, the Revision Petitioner has stated that she was under the mental shock and agony due to the death of her husband and that she could not contact the counsel to give proper instructions to implead themselves as the Plaintiffs and that the delay of 240 days in filing the application to bring on record the legal representatives is not wanton or wilful.