NAVANEEDHA KANNAN Vs. RADHA AND ORS.

JUDGEMENT

(1.) This revision is directed against the order dated 31.10.2014 passed by the District Munsif, Avinashi in E.A. No. 33 of 2013 in E.P. No. 45 of 2014. Brief facts necessary for disposal of the revision are as follows-

(2.) Mr. V. Bharathidasan, learned counsel for the petitioner submitted that the court below erred in allowing the application without considering the fact that the application filed by the decree holders is barred by limitation; that the 4th respondent in the execution petition died on 24.11.1997 but the present application to implead his LRs was filed after a period of 12 years from the date of the judgment in the second appeal; that the present application is not maintainable as the second appeal was dismissed on 15.04.1998 and that pending the appeal, the 4th respondent died on 24.11.1997 but the EP was filed on 30.03.2004 against the dead person. The learned counsel has relied on the judgments reported in-

(3.) On the other hand, Shri V. Radhakrishnan, learned Senior Counsel for the respondents would submit that originally the suit was dismissed by the trial court on 16.02.1983 however the appeal filed by the plaintiff was allowed on 27.04.1984. The second appeals filed by the defendants were dismissed only on 15.04.1998 and the execution petition was filed on 30.03.2004, which is within the period of limitation. It is further contended that after the death of the defendants, pending second appeal, the defendants ought to have taken steps to bring the LRs on record and for the mistake committed by the defendants, the petitioners cannot be made to suffer.