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B. V. L. N. CHAKRAVARTHI
Nellepalli Hannamma [Died] – Appellant
Versus
Kothapalli Palagiri Samson Silas S/o K. P. Andrews – Respondent
ORDER :
1. Heard Sri M.N. Narasimha Reddy, learned counsel representing for revision-petitioners and Sri K. Sita Ram and Sri Jayanti S.C. Sekhar, learned counsels representing for respondents.
2. This revision-petition is directed against the Order, dated 27.02.2015 in I.A. No. 42 of 2013 in O.S. No. 84 of 2012 on the file of Principal Junior Civil Judge’s Court, Proddatur. The revision-petitioners filed the application in I.A. No. 42 of 2013 in the suit under Section 5 of the Limitation Act, 1963.
3. The contention of the revision-petitioners is that there is delay of 141 days in filing the application to set-aside the abatement to implead the legal representatives of the deceased plaintiff No. 1. The application was opposed by the respondents/defendants.
4. The revision-petitioners, before the Trial Court contended that the plaintiff No. 1 died on 14.06.2012 and they recently came to know about the Will. The respondents/defendants would contend that the Will is not a genuine one and that the 3rd and 4th revision-petitioners filed a Miscellaneous Application before the High Court of Andhra Pradesh long back seeking to implead the revision-petitioner Nos. 2 to 4 as legal representative
The successful litigant has acquired certain rights based on the judgment under challenge, and a liberal and justice-oriented approach is required in the exercise of power under Section 5 of the Limi....
Legal representatives of a deceased plaintiff cannot seek impleadment under Order I Rule 10 C.P.C. when their effort to get impleadment under Order XXII Rule 3 C.P.C. failed because of unreasonable a....
The main legal point established in the judgment is that the court cannot extend the limitation on equitable grounds if negligence, inaction, or lack of bona fides are made out and the cause pleaded ....
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