HONOURABLE SRI JUSTICE S.RAVI KUMAR CIVIL REVISION PETITION No.5891 OF 2010 Dated 7-11-2014 Between:
Datla Narsa Raju.
..Petitioner.
And:
S.Appalaswamy and others.
…Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CIVIL REVISION PETITION No.5891 OF 2010 ORDER:
This revision is against order dated 25-6-2010 in I.A.No.305 of 2003 in O.S.No.340 of 1998 on the file of I Additional Senior Civil Judge, Visakhapatnam.
The above referred application is filed under Section 5 of Limitation Act to condone delay of 226 days in filing petition to set aside abatement to bring the legal representative of deceased first plaintiff on record.
Learned trial judge after considering objection of the other side and also the fact that R.10, R.12, R.14 are also no more and the claim against them has been abated and dismissed the delay condonation petition.
Heard arguments.
Now the submission of learned counsel for the respondents is that when the other respondents 10, 12 and 14 are no more and the steps were not taken against them to bring legal representatives, no purpose would be served by condoning delay or in setting aside the abatement against first plaintiff.
Learned counsel for revision petitioner submitted that an opportunity may be given to the petitioner to rectify the defect and see that all the L.Rs. are brought on record, so that, suit can be proceeded with.
Considering the submissions of both sides and also the facts of the case and the material on record, I feel that the impugned order can be set aside by giving an opportunity to the petitioner to approach court below and file necessary application in accordance with law and so that the trial court can decide the matter afresh.
With this observation, this Civil Revision Petition is ordered giving liberty to the petitioner to file necessary applications in accordance with law before the court below bringing all the legal representatives of the deceased person.
As a sequel to the disposal of this revision, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 7-11-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CIVIL REVISION PETITION No.5891 OF 2010 Dated 7-11-2014 Dvs