SATHIADEV
Ismail Bibi – Appellant
Versus
Five Gori Thaikka Wakf At Vridhachalam By Its President S. K. Syed Ali – Respondent
Sathiadev, J.
1. This petition is preferred by invoking Article 227 of the Constitution of India. The legal representatives of Syed Ibrahim Rowther are the petitioners herein. The said Rowther preferred an appeal to Inam Estates Abolition Tribunal at Cuddalore in L.A.T. No. 83 of 1979 against, the order of the Assistant Settlement Officer, Cuddalore, dated 14.2.1970. During the pendency of the appeal, he died on 8.1.1981. Hence, his legal representatives have preferred an application to implead them as appellants in the said appeal and also filed an application to set aside the abatement of the appeal, and another application under Section 5 of the Limitation Act to condone the delay in filing the petition to implead the L.Rs. of Rowther, as they came to know about the pendency of the appeal only on 4.1.1983.
2. These applications were opposed by respondents by stating that Section 5 of the Limitation Act will not apply to the Tribunal and that the claims made in the affidavit on other aspects are not correct.
3. The Tribunal by order, dated 7.12.1983 dismissed the appeal as abated and also dismissed the petitions filed to set aside the abatement and to bring on record the L.Rs.
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