RAHAMATHULLAH Vs. RAZOOL BIBI

JUDGEMENT

(1.) The petitioner filed the above Civil Revision Petition, challenging the order dated 26.04.2006 in C.M.A.No.33 of 2001 passed by the learned V additional Sub Judge (District Judge, Trainee) Madurai and the order dated 26.04.2004 in I.A.No.164 of 2000 in O.S.No.165 of 1961 passed by the learned Principal District Munsif, Madurai.

(2.) On the side of the petitioner, it is stated that this petition is to condone the delay of 1509 days in filing the petition to set aside the abatement due to the death of the respondent. It is stated that in the last week of November 2012, the petitioner came to know that the sole respondent one Razool Bibi died on 17.08.2009 itself and that one of her son one Peer Masthan also died on 27.07.2012 itself. It is stated that death of above said persons are not reported by the learned counsel for the respondent and no memo was served on the petitioner's side. It is stated that the respondent 7 to 14 herein are the legal heirs of Peer Masthan and the respondents 2 to 6 are the legal heirs of the sole respondent and they are to be impleaded in the petition.

(3.) The learned counsel for the petitioner would submit that the reason for the delay is that the petitioner is aged about 80 years and cannot get the details of the legal heirs of the deceased.