AIR 2003 ANDHRA PRADESH 486 ::(2004) 2 BankCLR 718 ::(2003) 2 AndhWR 295 ::2004 (1) AndhLT 493 ::(2004) 3 BankCas 145

Andhra Pradesh High Court

Hon'ble Judge(s): C. V. Ramulu , J

Civil P.C. (5 of 1908) , O.22 R.4, O.22 R.9— Limitation Act (36 of 1963) , S.5, Art.120, Art.121— Abatement of suit - Application for setting aside abatement and impleadment - Limitation for filing - Starts running from date of death of party and not from date of knowledge of his death - Application for setting aside abatement filed after period of limitation - Is to be filed along with application for condonation of delay. The limitation for a petition to bring the legal representatives of a deceased party on record runs from the date of death of such party. However, if a petition to bring the legal representatives on record is not filed within a period of 90 days as prescribed under Article 120 of the Limitation Act, the suit stands abated automatically as against the deceased defendant. Thereafter, the plaintiff has to file the application for setting aside the abatement within 60 days from the date of abatement, as per Article 121 of the Limitation Act. If the applications for abatement and to implead the legal representatives are filed thereafter, i.e. after 150 days (90 + 60), the plaintiff can very well file petition under Section 5 of the Limitation Act and plead for the ignorance of the fact of death of the defendant. The Court may examine the merits of that petition and may condone the delay in filing the petitions for abatement and impleadment and....