R SUSILA Vs. SENBAGAVALLI (DIED)

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order dated 23.01.2017 passed in I.A.No.29 of 2016 in I.A. No.289 of 2013 in O.S.No.173 of 2000 on the file of the Sub Court, Gobichettipalayam, Erode District.

(2.) The petitioner is the second defendant and one Saroja filed the suit in O.S. No.173/2000 on the file of the Subordinate Judge, Gobichettipalayam, for partition and for appointing a Commissioner to divide the property by metes and bounds into eight shares and allot 1/8th share to her against Sambagavalli/first defendant, now deceased, Suseela/the petitioner herein/second defendant, Rajendiran/third defendant and defendants 4 to 7 and the said O.S. No.173/2000 was re-numbered as O.S. No.12 of 2001 on the file of the Fast Track Court No.II, Gobichettipalayam.

(3.) A preliminary decree was passed on 27.03.2002. The first defendant filed I.A. No.28A of 2007 to condone the delay of 1890 days in filing the application to set aside the exparte preliminary decree with an application in I.A. No.46 of 2010 to set aside the exparte decree. While so, the plaintiff died. The respondents 2 to 4 filed I.A. No.56/2008 to implead them as legal heirs of the plaintiff. All the three applications were dismissed. The parties filed C.M.A. No.3701 of 2010 and CR.P. Nos.4395 and 4413 of 2010 before this Court against the said applications. By order dated 24.11.2011, this Court allowed all the applications. As per the orders of this Court, I.A. No.28A of 2007 was re-numbered as I.A. No.289 of 2013 and respondents 2 to 4 were impleaded as legal heirs of the plaintiff. When the said application was pending, Sambagavalli/first defendant died. The legal heir of the said Sambagavalli namely Rajendran continued the suit as third defendant and he filed an application in I.A. No.29 of 2016 for receiving the additional affidavit in I.A. No.289 of 2013 stating that when his mother Sambagavalli/ first defendant filed I.A. No.28A of 2007, she was suffering from illness and failed to furnish certain important particulars to the Advocate, who appeared on her behalf and only after death of his mother/the first defendant, when the first plaintiff started conducting case, he came to know about the same and filed additional affidavit and I.A. for receiving the same.