KRISHNAVENI Vs. RAMACHANDRA NAIDU

JUDGEMENT

(1.) The plaintiffs in O.S. No. 275 of 1977 have filed this Civil Revision Petition challenging the order dated 15-12-1997 made by the learned District Munsif, Tiruvallur in I.A. No. 1196 of 1997. The parties will be referred to in this order by the rank assigned to them in the suit itself for convenience.

(2.) The plaintiffs filed O.S. No. 275 of 1977 against the defendants for partition and separate possession of their 5/6 shares in 'B' schedule properties, for ascertainment and recovery of past profits, and for future profits from the date of suit till recovery of possession. The second defendant, viz., Sadasivam, after receiving summons in the suit did not appear in Court. Therefore he was set ex parte on 22-10-1977. He died long thereafter in the year 1991. The contesting fourth defendant filed a memo into Court in 15-2-1993 intimating the death of the second defendant. The suit was adjourned from time to time for taking steps, and on 1-6-1993 the suit was dismissed as against second defendant as abated.

(3.) Since the second defendant did not appear in the suit, did not file written statement, and was set ex parte, the plaintiffs did not take steps to bring his legal representatives on record. As already stated above, the suit was dismissed on 1-6-1993 as against defendant No. 2. The plaintiffs filed I. A. No. 1196/97 under Order 22 Rule 4 (4) read with Section 151 C.P.C. praying to set aside the order passed on 1-6-1993 against second defendant as there was no abatement of the suit as per the provisions of Order 22 Rule 4.