VINORAJ Vs. UDHAYAKUMAR AND ORS.

JUDGEMENT

(1.) The revision petitioner in both the revisions is the proposed second plaintiff in the suit in O.S. No.451 of 1995 which was filed for partition.

(2.) The revision petitioner had filed I.A. No.478 of 2003 under Section 5 of the Limitation Act and I.A. No.480 of 2003 for impleading himself as the second plaintiff in the suit.

(3.) The original plaintiff viz., Lilly Bai died on 28/3/2003 and she had no issues. She had executed a Will in favour of the revision petitioner bequeathing all her properties in his favour. He was not aware of the Will and the pendency of the suit at that time. Immediately, after he got the knowledge of the suit, he had filed an application to implead him as the second plaintiff with a delay of 65 days in setting aside the abatement caused due to the death of the original plaintiff.