PERIASAMY Vs. ALLIMUTHU

JUDGEMENT

(1.) THIS revision is preferred against the order made in i. A. No. 858/2002 in O. S. No. 710/1996, dated 29. 7. 2003, on the file of the Addl. District Munsif, Namakkal, allowing the petition under section 5 of the limitation Act on payment of cost of Rs. 1000/- and condoning the delay in filing the petition to set aside abatement and the application to implead Legal representatives of deceased Kaliammal. The Defendants are the Revision petitioners.

(2.) PLAINTIFFS filed the suit for partition of the suit property and to allot 3/5th share to the PLAINTIFFS. The PLAINTIFFS and the defendants are related as under:- Marappa Gounder died on 2. 7. 1987 = Kaliammal (P-1) died on 28. 11. 2000 | | ------------------------------------------- | | | | Periasamy-D-1 Allimuthu Nallammal Perumayee-D-2 | | | | Minor Selvi Gurumurthy D-3 Proposed Legal Representative

(3.) TO explain the delay the third Respondent examined himself as PW-1 did not produce the Will. Upon consideration of the evidence and contentions of both parties, the learned District Munsif found that the genuineness of the Will could be gone into only at the time of trial. The learned District Munsif was of the view that the scope of enquiry in the application is limited in finding out whether sufficient cause is shown for the delay and whether the abatement is to be set aside. On those findings, the trial Court allowed the application under Section 5 of the Limitation Act condoning the delay of 96 days.