TANGALLAPALLI NARSUBAI Vs. M ANASUYA

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 16-4-1991 passed in LA. No. 1972 of 1990 in O.S. No. 941 of 1983 of the file of the II Additional District Munsif, Warangal permitting the first respondent herein, who was the petitioner in I. A. No. 1972 of 1990 in O.S. No. 941 of 1988 on his file, to be impleaded as the legal representative of her deceased husband late M. Bhadriah.

(2.) The relevant facts are as follows : One M. Bhadriah filed a suit O.S. No. 941 of 1983 on the file of the II Addl. District Munsif Warangal against the Gram Panchayat Wardhannapet, Warangal District, while the said suit was pending the said plaintiff M. Bhadriah died on 11-4-1990 while so, the revision petitioner having filed I.A. No. 767 of 1990 got herself impleaded as the second plaintiff in the suit as per the order dt. 9-7-1990 in l.A. No. 767 of 1990. Later i.e. on 10-10-1990 the first respondent herein alleging that she is the widow of the deceased Bhadriah filed I.A. No. 1972 of 1990 to implead her as a plaintiff in the suit. Having heard all the parties concerned, under the impugned order, the learned District Munsif allowed LA. No. 1972 of 1990. Then by virtue of the said order, the first respondent herein has to be added as third plaintiff. Aggrieved by the said order, the revision petitioner has filed this revision.

(3.) Mr. V. Parabrahma Sastry learned counsel for the revision petitioner submits that l.A. No. 1972 of 1990 is barred by limitation as the said application was not filed within 90 days from the date of death of the first plaintiff. To substantiate his contention, he relied upon Art. 120 of the Limitation Act, which shows that an application to have the legal representatives of the deceased plaintiff has to be filed within 90 days from the date of death of the party concerned. It is not in dispute that admittedly white the first plaintiff died on 11-4-1990, the first respondent herein has come up with l.A. No. 1972 of 1990 only on 10-10-1990 .i.e. beyond 90 days.