IN THE HIGH COURT OF KERALA AT ERNAKULAM
RSA.No. 1039 of 2004(F)
1. KUMARAN, S/O. MATTAYI NARAYANAN,
... Petitioner
2. JANAKI, D/O. DO. IN DO. DO.
3. VALLI, D/O. DO. IN DO. DO.
4. LAKSHMI, D/O. DO. IN DO. DO.
5. DEVAKI, D/O. DO. IN DO. DO.
6. VASANTHA, D/O. DO. IN DO. DO.
7. SANTHAKUMARI, D/O. VELU, DO. DO.
8. MEENAKSHI, W/O. MATTAYI NARAYANAN,
Vs
1. MAMAN, S/O. KAVULIYALUKKAL KARAPPAN,
... Respondent
2. KRISHNAN, S/O. MATTAYI NARAYANAN,
For Petitioner :SRI.S.V.BALAKRISHNA IYER (SR.)
For Respondent :SRI.K.RAMACHANDRAN
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :02/04/2009
O R D E R
K.P.BALACHANDRAN, J.
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I. A. Nos.2118 of 2008, 2119 of 2008,
C. M. Application No.718 of 2008 &
R. S. A. No.1039 of 2004
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Dated this the 2nd day of April, 2009
JUDGMENT
These are applications filed by the
appellants to implead the LRs of deceased
first respondent as additional respondents 3
to 11 setting aside abatement condoning delay
of 590 days in filing application to set aside
abatement.
2. Additional respondents 3, 4 and 6
sought to be impleaded have filed objection
objecting to the impleadment setting aside
abatement condoning the delay. The objection
is that the reasons stated for condonation of
delay is that the appellants were not aware of
the necessity of impleading legal representatives
of the deceased first respondent though the
first respondent died on 21/09/06 and that
only on receipt of intimation from counsel to
R. S. A. No.1039 of 2004 -2-
furnish details of the legal representatives
for impleadment, he became aware that the LRs
are to be impleaded and that it took some time
to collect the details of the numerous legal
representatives and that therefore, the delay
be condoned. According to the respondents,
their ignorance of law and procedure is not a
ground to condone the delay and to set aside
the abatement.
3. It is seen that the deceased first
respondent is the sole defendant in the suit
as the second respondent is the 7th plaintiff
and appellants are plaintiffs 1 to 6 and 8 and
9. When the sole defendant who is the first
respondent dies naturally the legal
representatives should have been brought on
record in time. In the instant case, the first
petitioner who is the widow of the deceased
sole respondent has sworn that they were aware
R. S. A. No.1039 of 2004 -3-
of the death of the first respondent on
21/09/06. Their case is that they were not
aware of the need to implead the LRs of the
first respondent who is the sole defendant in
their suit. If at all they were not aware as
to the procedure to be adopted on the death of
the sole defendant in their case, they should
have contacted their counsel and done the
needful. They have slept over their rights for
more than two years and have filed these
applications for impleadment setting aside
abatement and to condone the delay of 590 days
in filing application to set aside the
abatement as late as on 27/09/08. Other than
his widow, the late first respondent was
having three sons and five daughters and
nobody has taken any interest to do the
needful in their case despite their knowledge
that the sole defendant in their case is dead.
R. S. A. No.1039 of 2004 -4-
In the circumstances, I do not see any ground
to allow the impleadment of the LRs of the
deceased first respondent as additional
respondents 3 to 11 setting aside the
abatement condoning the delay of as much as
590 days in filing the application to set
aside the abatement.
4. In the result, I dismiss all these
applications.
R.S.A.1039/04
I.A.2118/08, I.A.2119/08 and C.M.
Application No.718/08 are dismissed today
disallowing impleadment of LRs of the deceased
first respondent setting aside abatement
condoning the inordinate delay of 590 days in
fling the application to set aside abatement.
The first respondent was the sole defendant in
the suit as the second respondent is the 7th
plaintiff who goes along with the appellants.
R. S. A. No.1039 of 2004 -5-
The result is that this appeal has abated.
In the result, this appeal is closed.
K.P.BALACHANDRAN,
JUDGE
kns/-