D VENKATA REDDY Vs. K RAMACHANDRA REDDY

JUDGEMENT

(1.) CRP No. 11 of 2013 is directed against the order, dated 6.9.2012 in IA No. 238 of 2011 in OS No. 906 of 2005 on the file of the I Additional Junior Civil Judge, Chittoor, whereunder and whereby, petition filed by the petitioners herein/proposed plaintiff Nos. 2 to 5 under Order XXII Rule 9 read with Section 151 of the Code of Civil Procedure, 1908 (for short, "C.P.C.") to set aside the abatement of the suit due to death of sole plaintiff and to receive the legal representative petition to implead them as legal heirs of the deceased sole plaintiff in the suit, was dismissed.

(2.) Inspite of service of notice on the respondents, none appears.

(3.) Learned Counsel for the petitioners contended that if the legal representative application is not filed within 90 days, as stipulated under Article 120 of the Act, the suit abates and thereafter, within 60 days, an application can be filed to set aside the abatement and if the abatement petition is not filed within 60 days, then only, filing of the petition under Section 5 of the Act comes into play and hence, he prays to set aside the impugned orders. For the said proposition, he relied upon a decision reported in Jatav Panchayat Committee and another v. VII Additional District Judge, Etawah and others, 2000 AIR(All) 253 wherein it is held at Para Nos. 7 and 8 as under: