D JAGGA RAO Vs. N DHARMA RAO

JUDGEMENT

(1.) THESE three revisions arise out of the steps taken in os No. 48 of 1997 in the Court of Principal senior Civil Judge, Srikakulam. For the sake of convenience, the parties are referred to, as arrayed in CRP No. 4193 of 2007.

(2.) RESPONDENTS 1 to 3 (for short 'the respondents') filed the suit for the relief of declaration of title and recovery of possession of the suit schedule property against the petitioners 1 and 2, and respondents 4 to 13. On the summons sent to the deceased-1st defendant, i. e. , D. Jagga Rao, it was endorsed that he died. Therefore, the respondents filed IA No. 429 of 1999 under order 1 Rule 10 CPC, with a prayer to implead the petitioners 3 to 8 herein as legal representatives of the deceased-1st defendant. The IA was dismissed by the trial Court on 4. 1. 2002. Aggrieved thereby, the respondents filed CRP No. 5196 of 2003 before this Court. The revision was dismissed on 8. 3. 2006.

(3.) AFTER the dismissal of the CRP the respondents filed three applications before the trial Court, viz. , IA No. 358 of 2006, for setting aside the abatement caused on account of the death of the 1st defendant; ia No. 356 of 2006 to condone the delay in filing the application to set aside the abatement, and IA No. 357 of 2006 with a prayer to bring the legal representatives of the 1st defendant on record.