ASHOK MENON
DHANABHAGYAM W/O. LATE SADASIVAM – Appellant
Versus
SARASWATHY AMMAL W/O. LATE RAMAKRISHNA PILLA – Respondent
Aggrieved by the order of the learned District Judge, Palakkad in I.A.Nos.1936/2015 and 1937/2015 in A.S.No.246/2011, the respondents are before this Court.
2. The facts in brief are thus: O.S.No.71/2006 is a suit filed by late Sadasivan before the Munsiff Court, Chittoor. He expired during the pendency of the suit. His legal representatives filed I.A.Nos.975/2008 and 976/2008 to get themselves impleaded. The court did not dispose of the impleading application. But, proceeded with the trial and decreed the suit. The defendants, aggrieved by the judgment and decree of the trial court, filed an appeal before the District Court Palakkad. Despite having the knowledge of the death of original plaintiff, the appeal was filed against the dead person, as the decree was drawn in favour of the original plaintiff alone. Notice was ordered in the appeal. On getting a report that the sole plaintiff was reported to be dead, appeal was posted for taking steps. No steps were taken and no representation was made by the appellants and in consequence to which, the appeal was dismissed for default. The appellants filed I.A.No.1936/2015 for condonation of delay of 1043 days and I.A.No.1937/201
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