Legal representatives can be brought on record in suits for perpetual injunction, but lack of evidence of interference by them can justify dismissal of applications to implead them.

COMMON ORDER:

All these revisions are filed by the petitioner/petitioner/plaintiff aggrieved by the common order, dated 23.07.2024, dismissing I.A.Nos.762, 763, 764 of 2022; and I.A.Nos.768, 769 and 770 of 2022 in I.A.No.18 of 2021 in O.S.No.681 of 2019 on the file of the Court of the Principal Junior Civil Judge, Nellore.

2. C.R.P.No.2515 of 2024 is filed against the order dismissing I.A.No.762 of 2022; C.R.P.No.2516 of 2024 is filed against the order dismissing I.A.No.763 of 2022; C.R.P.No.2518 of 2024 is filed against the order dismissing I.A.No.764 of 2022; C.R.P.No.2520 of 2024 is filed against the order dismissing I.A.No.768 of 2022 in I.A.No.18 of 2021; C.R.P.No.2519 of 2024 is filed against the order dismissing I.A.No.769 of 2022 in I.A.No.18 of 2021; and C.R.P.No.2517 of 2024 is filed against the order dismissing I.A.No.770 of 2022 in I.A.No.18 of 2021 in O.S.No.681 of 2019.

3. Heard the learned counsel appearing for the parties.

4. The facts, briefly stated, in the affidavits, are as follows:

a. The petitioner/plaintiff is the lawful tenant of the plaint schedule property bearing D.No.16-3-433, Jonnalagaddavari street, Nellore. He filed the suit against the respondents/defendants 1 to 3 seeking permanent injunction restraining the defendants, their men and agents from interfering with the peaceful possession and enjoyment of the plaintiff over the plaint schedule property. On 17.05.2021, 1st defendant died. On 02.11.2021, the plaintiff came to know about the death of the 1st defendant and filed memo. On the death of the 1st defendant, her estate was devolved on the 1st respondent/2nd defendant and respondents No.3 to 7 who are her legal heirs. Thus, the respondent Nos.3 to 7 are to be impleaded as defendants No.4 to 8 in the suit. The delay in filing the petitions under Order XXII rule 4 CPC is to be condoned and the abetment caused due to the death of 1st defendant is to be set aside. There are no willful laches in not filing these applications within time.

(i) I.A.No.762 of 2022 is filed under Section 5 of the Limitation Act to condone delay of 404 days in filing an application to set aside the abetment caused due to the death of the deceased 1st defendant.

(ii) I.A.No.763 of 2022 is filed under Order XXII rule 4 CPC & rule 28 of the Civil Rules of Practice read with Section 151 CPC to implead respondents No.3 to 7/proposed defendants as defendants No.4 to 8 and to carry out the consequential amendments.

(iii) I.A.No.764 of 2022 is filed under Order XXII rule 9 read with Section 151 CPC to set aside the deemed abetment and number the application to bring on record the legal representatives of the deceased 1st defendant.

(iv) I.A.No.768 of 2022 is filed under Section 5 of the Limitation Act to condone the delay of 404 days in filing an application to set aside the abetment caused due to the death of the deceased 1st respondent in I.A.No.18 of 2021.

(v) I.A.No.769 of 2022 is filed under Order XXII rule 4 CPC & rule 28 of the Civil Rules of Practice read with Section 151 CPC to implead the respondent Nos.3 to 7/proposed respondents as respondents No.4 to 8 and carry out the necessary amendments in the cause title in I.A.No.18 of 2021.

(vi) I.A.No.770 of 2022 is filed under Order XXII rule 9 CPC read with Section 151 CPC to set aside the deemed abetment to set aside the deemed abetment and number the application to bring on record the legal representatives of the deceased 1st respondent.

b. The 2nd respondent/2nd defendant filed counter stating that respondents 3 to 7 are not necessary parties to the suit as they have nothing to do with the plaint schedule property. The plaint schedule property, along with other property, was settled in favour of the 2nd respondent/3rd defendant under a registered settlement deed, dated 04.08.2016, by the 1st defendant. The dispute is between the petitioner and the 2nd respondent who are the tenant and the landlord. The petitioner did not pay the rents since 2017 onwards and committed