This revision is preferred against the order made in I.A.No.858/2002 in O.S.No.710/1996, dated 29.7.2003, on the file of the Addl. District Munsif, Namakkal, allowing the petition under section 5 of the Limitation Act on payment of cost of Rs.1000/- and condoning the delay in filing the petition to set aside abatement and the application to implead Legal Representatives of deceased Kaliammal. The Defendants are the Revision Petitioners.

2. Plaintiffs filed the suit for partition of the suit property and to allot 3/5th share to the Plaintiffs. The Plaintiffs and the Defendants are related as under:-

Marappa Gounder died on 2.7.1987

= Kaliammal (P-1) died on 28.11.2000

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Periasamy-D-1 Allimuthu Nallammal Perumayee-D-2

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Minor Selvi Gurumurthy

D-3 Proposed Legal Representative

3. Case of the Plaintiff is that Marappa Gounder died intestate on 2.7.1987. The Plaintiffs and the Defendants 1 and 2 are the Legal Representatives of the deceased Marappa Gounder. The second Defendant is only entitled to a share in the family properties. While so, the second Defendant had executed a Settlement Deed in favour of his minor daughter – D-