.1. Muthusamy. On 27. 1993, the matter was posted for taking steps to bring his legal representatives on record. However, the respondent not having taken steps, the suit was dismissed on that day as being abated. On 4. 1994, the respondent filed an application I.A.No.161 of 1997 to condone the alleged delay of 222 days in seeking to set aside the abatement caused by the death of the said Muthusamy. In the affidavit in support of the application for condonation of delay, it was stated as follows:

.“The said Muthusamy had died on 19. 1989 and the case was posted on 27. 1993 for impleading the legal representatives of the deceased/sole defendant as additional defendants in the case and since no petition to implead the legal representatives of the deceased defendant had been filed on 27. 1993, the suit was dismissed observing that on the death of the defendant Muthusamy, the suit stood abated.”

2. The further case in the affidavit was that the respondent could not collect the necessary details about the legal representatives of the deceased/sole defendant in time, which had also consumed such time. It was stated that the Collector was also confronted with flood relief and