The fourth defendant is the revision petitioner. The revision petition is filed challenging the order condoning the delay of 426 days in taking steps to implead the legal representatives of the deceased first defendant. The first defendant, namely Balraj died on 09.02.2015 and for certain reasons, the plaintiffs could not take steps to bring on record the legal representatives of the deceased first defendant and they could get the particulars of the legal representatives only in January 2016 and immediately, they have taken steps to implead the legal representatives, within which period, there was a delay of 426 days in setting aside the abatement that had occurred. It is stated by the learned counsel for the revision petitioner/fourth defendant that though the death of the first defendant was known to the plaintiffs even earlier, they have not taken steps to get the particulars of the legal representatives within time and only after ascertaining the particulars of the legal representatives, the application to condone the delay and set aside the abatement along with the L.R. petition, were filed. The trial Court, in exercising its discretion, has condoned the delay, against which, the revision petition is preferred. As it is only to bring on record the legal representatives of the deceased first defendant, on whose death, the suit has abated against him, the trial Court has condoned the delay in exercising its discretion. There is no reason to interfere with the same. The Civil Revision Petition is dismissed. No costs. Consequently, C.M.P. is closed.
31.01.2017 cs Copy to The District Judge, The Nilgiris at Udhagamandalam.
PUSHPA SATHYANARAYANA, J cs C.R.P.(PD).No.247 of 2017 31.01.2017 http://www.judis.nic.in