UNION OF INDIA Vs. K ABBORVAM

JUDGEMENT

(1.) THESE petitions have been filed for condonation of delay of 851 days in seeking to set aside the abatement caused by the death of the first respondent in the appeal and setting aside the abatement and bringing the legal representatives of the deceased first respondent on record. The first respondent died on 24. 5. 1990, but the appeal was presented only on 11. 6. 1990 against the first respondent as if he was alive. The appeal presented against the dead man is not valid and it has to be dismissed on that ground. Hence, there is no question of setting aside the abatement and bringing the legal representatives on record.

(2.) IN such a case, the procedure to be followed by the appellant has been prescribed by a Full Bench of this Court in Alusumilli gopala Kristnayya and another v. Alivi Lakshmana Rao , (A. I. R. 1925 Madras 1210 ). The remedy of the appellant is to seek amendment of the cause title of the appeal by showing the names of the legal representatives of the deceased respondent and also applying for condonation of delay in filing the appeal. Even Whe n these applications were filed there was a delay of 851 days. No doubt, in the affidavit filed in support of the applications it is stated that the petitioners were not aware of the death of the respondent. That could have been so before the return of the notice issued by the Court in the appeal. But, the appellants cannot plead ignorance of the death of the respondent after the notice issued by this Court in the first appeal returned unserved and a notification was published on the notice board that the respondent was dead and steps should be taken to bring the legal representatives on record. But the applications were filed only on 19. 2. 1993. There is no explanation for the delay after the return of the notice and the notification of the registry thereof. Hence, there is no justification for condoning the delay in filing these petitions.