DEPATLA AMMANNAMMA Vs. D RAMIREDDY

JUDGEMENT

(1.) The two civil revision petitions may be disposed by a common order. The relevant facts are, that the revision petitioner, who is the daughter of one Konda Reddy, had filed an application to implead her also as a legal representative of her deceased father on the ground that she is a class I heir to her father and also on the ground of a certain will said have been executed by late Konda Reddy, her father. The lower Court had dismissed C. M. P. 17 of 1977 filed by her for condonation of the delay in filing the application to bring her on record as a legal representative. As a consequence, her petition to be impleaded as a legal representative was also dismissed. In the two present revision petitions the correctness of these orders of the lower appellate Court are questioned.

(2.) Briefly the relevant facts are, that the suit which gave raise to these proceedings previously came up to the High Court in a second appeal. The 3rd respondent in the second appeal was Konda Reddy, the father of the petitioner. He died on 20-8-1974. In second appeal, respondents 1 and 2, who were minors the and who were brought on record as legal representatives of the deceased 3rd respondent in the second appeal. Ultimately, the second appeal was allowed and the case was remanded to the lower Court. The appeal in the lower Court is A. S. No. 12 of 1971 and is pending disposal after remand by the High Court.

(3.) The Court below dismissed the C. M. P. No. 17/1977 in A. S. No.12/1971 filed by the present petitioner holding that there were no grounds made out for condoning the delay in filing the petition. Consequently, the petition was dismissed with costs.