NETHRA CHITS PRIVATE LIMITED Vs. B RAMACHADRA REDDY

JUDGEMENT

(1.) This Civil Revision Petition is directed against an Order dated 6-9-2001 passed in I.A.No. 1174 of 1999 in O.S.No. 34 of 1999 on the file of the Court of Principal Senior Civil Judge at Warangal.

(2.) The said application filed under Order XXII Rule 9 of the Code of Civil Procedure to set aside the abatement of the suit against the 1st defendant was dismissed as barred by limitation along with I.A. No. 38 of 2000, which was filed for impleading the legal representatives of the deceased 1st defendant. The petitioner herein-Nethra Chits (P) Limited-is the plaintiff and applicant in the above suit and interlocutory Applications respectively. He laid the suit for recovery of certain money against defendants 1 to 4. The notice sent to the 1st defendant-B. Ramachandra Reddy - was returned unserved on 26-3-1999 with an endorsement that the party died. However, appearance was filed on behalf of defendants 2 to 4 and the case was posted for taking steps for adding legal representatives of the deceased 1st defendant and for filing the written statement of defendants 2 to 4. Thereafter, defendants 2 to 4 filed their written statement.

(3.) In the affidavit filed in support of l.A. No. 1174 of 1999, the petitioner-plaintiff has stated that he had filed the suit for recovery of money against the respondents/ defendants and on 25-6-1999 when the suit was posted for written statement of defendants 2 to 4, it was learnt that summons sent to defendant No. 1 were returned on the ground that he died on 5-5-1998 leaving behind him, his widow, two sons and a daughter. Thus, he came to know about the death of the 1st defendant only on 25-6-1999 and as such, prayed for setting aside the abatement against the 1st defendant and also to implead the legal representatives of the deceased-1st defendant whose description is given in the petition as defendants 5 to 8 in the suit, in the interest of justice. Except this, no other reason was furnished.