The plaintiff in OS.No.360/2006 of the Third Additional Sub Court, Ernakulam is the petitioner herein. The petitioner as plaintiff filed Ext.P1 suit originally against the 4th respondent and one Thankappan as OS.No.360/2006 on the allegation that the first defendant, who is the fourth respondent herein had availed a loan of Rs.70,000/- with the second defendant as guarantor on 22.9.2000. The second defendant apart from executing a personal guarantee, created an equitable mortgage in respect of his properties as security for the transaction. Since they have committed default in payment of the amount, the plaintiff filed the above suit against the above two persons on the bonafide belief that both were alive at that time. The second respondent entered appearance and filed a written statement stating that the second defendant died on 18.3.2002. The suit was filed on 29.6.2006. After making enquiries, the plaintiff filed IA.No.7030/2006 to implead Mrs. Valsala, wife of deceased second defendant as additional third defendant in the suit as the legal heir of the original second defendant, guarantor in the transaction on the bonafide belief that she is the only legal heir known