( 1 ) THE petitioner herein filed a suit SC 6622 of 1993 against the respondents for recovering a sum of Rs. 20,684. 05 Ps. + interest and costs on the allegation that the 1st respondent on the suretyship of the 2nd respondent borrowed Rs. 15,000/- on 11-11-1987 from the petitioner bank agreeing to pay interest at 16. 5% compounded quarterly on monthly instalments of Rs. 4,000/-, on the security of pigmy deposit, fixed deposit, etc. , Thereafter, the Court issued summons to the respondents/defendants. The suit summons were served on the 2nd respondent who filed written statement wherein among other things, she contended that the 1st defendant died on 6-5-1993 in Manipal Hospital. Therefore, it is contended that the suit is ab initio void as filed against a dead person. Thereafter, the application was filed for bringing the legal representatives of the deceased, 1st defendant along with the application to condone the delay, etc. Those applications came to be rejected by the court below. That order was not questioned before the superior Court and it has become final. Thereafter, the suit was dismissed against the 2nd respondent vide judgment dated 4-7-1997. Being a