K.T. Sankaran, J.

1. Defendants in a suit filed by the predecessor-in- interest of the respondents herein for recovery of possession, are the appellants in the F.A.O and the petitioners in the Writ Petition. The F.A.O is filed challenging the order dismissing the application for setting aside abatement of the appeal before the Lower Appellate Court, caused on account of the failure to implead the legal representatives of the deceased respondent (plaintiff) in the Appeal within time. The Writ Petition is filed challenging the orders dismissing the application for impleading the legal representatives of the original plaintiff and the application for condoning the delay.

2. The suit was decreed by the trial court and the decree was confirmed in appeal by the Lower Appellate Court. In S.A.No.810 of 1991 filed by the defendants, a remand was made to the Lower Appellate Court with a direction to decide afresh the plea of adverse possession and limitation raised by the first defendant in the suit. The Second Appeal was allowed and remand was made on 12.12.2001. The sole respondent in t