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1999 Supreme(Ker) 618

K.K.USHA
Janaky – Appellant
Versus
Sasi – Respondent


ORDER

K.K. Usha, J.

1. Petitioner in these civil revision petitions was the plaintiff in O. S. No. 475/ 97. The suit was filed for partition. Respondents 1 and 2 were the defendants 2 and 3. Respondents 3 to 6 are sought to be impleaded as legal representatives of deceased first defendant. I. A. No. 868/98 filed for impleading the legal representatives and I. A. No. 869/98 to condone the delay of 30 days in filing the petition. The court below dismissed both the applications under a common order dated 31-10-1998. CRP No. 2480 of 1998 is arising from the order rejecting I. A. No. 868/98 and CRP No. 2481/98 against rejection of I. A. No. 869/ 98. The plaintiff was seeking partition as the legal heir of deceased husband. Defendants are her husband's brothers. In the affidavit filed in support of I. A. No. 869/98 she has stated that in view of the obstruction created by the defendants, she had to leave the plaint schedule properties and work as a domestic servant with one Dr. Nalini at a far away place, she did not know about the death of the 1st defendant on 27-11-1997. She came to know about his death only when the learned counsel for the 1st defendant informed the court about the same




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