(1.) THIS Civil Revision Petition arises out of a refusal by the Court below to condone the delay of 498 days in seeking to set aside the ex parte preliminary for partition.
(2.) HEARD Mr. N.R. Rajagopalan, learned counsel appearing for the petitioner's and Mr. K.A. Ravindran, learned counsel appearing for the Respondent.
(3.) IT is started by the learned counsel for the petitioner that at the time when the decree was passed, the second defendant had already died and the legal heirs were not brought on record before passing the preliminary decree. The same is not disputed by the learned counsel for the respondent.