A.N. Venugopal Gowda, J.

1. This writ petition is by the defendants in O.S. 303/2011 on the file of the Additional Civil Judge (Jr.Dn.,), Bailhongal, sitting at Kittur. Suit for passing a decree of declaration and for grant of consequential reliefs was instituted on 16.11.2011. Written statement contesting the suit was filed on 20.1.2012. Smt. Gangawwa Chandrashekhar Hiremath/sole plaintiff, died on 16.10.2012. In that behalf, on 31.1.2013, respondents filed 2 applications: (i) to set aside the abatement of the suit; and (ii) to permit them to come on record as the L.Rs. of the deceased. The applications have been allowed.

2. Mr. Sangram S. Kulkarni, learned counsel for the petitioners, contended that the L.Rs. of the deceased plaintiff having not filed the application to come on record within 90 days, they were required to file separate application for condonation of delay, along with the applications under O. 22 Rule 3 and O. 22 Rule 9 CPC. By placing reliance on the decision in the case of Sri T. Subba Rao v. Sri T. Narasimha Rao, ILR 2008 Karnataka 2768, he contended that the Trial Court has committed procedural impropriety and illegality in allowing the said applications.

3.