EGGA BHOOMA REDDY Vs. LAKSHMI BHOOMAIAH

JUDGEMENT

(1.) This group of revision petitions arise out of similar orders made by the learned Subordinate Judge, Nizamabad dismissing the applications filed under Order 22, rule 4 for bringing the legal representatives of the defendant on record and allowing the applications filed for dismissing the suits as abated.

(2.) The plaintiff one Egga Bhooma Reddy claiming to be the adopted son of Bhoomamma filed a suit O.S.No.116 of 1980 in the Court of the Subordinate Judge, Nizamabad for declaration of title of the properties belonging to Bhoomamma. He also claimed the properties as a legatee under a will alleged to have been executed by Bhoomamma. He filed three other suits O.S.Nos.25,26 and 27 of 1982 in respect of the same property in the Court of the District Munsif, Nizamabad. O.S.No.25 of 1982 was for a permanent injunction restraining the defendants from interfering with his possession of the suit property. In this suit, he impleaded three persons as defendants, one Bhoomaiah, Bhoomaiah's wife Laxmi and Bhoomaiah's mother Tulasamma. O.S.No.26 of 1982 was filed for recovery of silver and gold articles belonging to his adoptive mother Bhoomamma. In this suit, he impleaded Bhoomaiah and two other persons said to be the elders of the village with whom the articles were alleged to have been deposited. O.S.No.27 of 1982 is a suit for declaration of title and the sole defendant was Bhoomaiah. In all the four suits, the defence of Bhoomaiah, the main defendant was that the plaintiff is not the adopted son of Bhoomamma, that the properties do not belong to Bhoomamma, that they belong to her husband, and he executed a will in favour of Bhoomaiah in the year 1939. Since common questions of fact and law are involved and the claims of the parties are similar, all the suits were clubbed together for joint trial and disposal. The suits filed in the District Munsif's Court O.S.Nos.25, 26 and 27 of 1982 were transferred to the Sub-Court to be tried along with O.S.No.116 of 1980. All the suits were ready for trial. At that stage, Bhoomaiah the main defendant died on 29.4.1983.

(3.) In all the four suits, the plaintiff filed applications I.A.Nos.681,683,685 and 687 of 1983, to bring the legal representatives of Bhoomaiah on record. The legal representatives sought to be brought on record are his wife Lakshmi and his two minor daughters aged 7 and 3 years. These applications were filed on 15.9.1983 i.e. after expiry of 4 months from the date of death of Bhoomaiah. In the meantime, Bhoomaiah's wife filed applications in all the four suits I.A.Nos.23,24,25 and 26 to dismiss the suits as having abated since no petitions for bringing the legal representatives were filed within 90 days.