JUDGMENT :

(Prayer: Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 04.07.2003 in A.S.No.240 of 2001 on the file of the V Additional Judge, City Civil Court at Chennai confirming the judgment and decree dated 09.07.2001 made in O.S.No.9548 of 1995 on the file of the XV Assistant Judge, City Civil Court at Chennai.)

(The case has been heard through Video Conferencing)

1. Miscellaneous petition in C.M.P.No.11197 of 2020 is filed by one Neeta H.Mehta, D/O Late Mr.Harshkant Mehta to condone delay of 1761 days in filing the petition to set aside abatement caused due to the death of the sole appellant. She wants to get impleaded as the legal heir of the unmarried brother Pranav H. Mehta. He is the plaintiff in the suit and the sole appellant in the second appeal and he died on 07/07/2015.

2. The factual background of the litigation is that, Late Mr. Pranav.H.Mehta, claiming himself as the sole proprietor of M/s Bapalal and Company, filed suit in O.S.No.9548 of 1995 before the City Civil Court, Chennai, to (1) declare def