CRP/3820/2026 of S.Madeswari Vs S.Dhandapani on 9 October 2026

COMMON ORDER

These civil revision petitions have been filed under Article 227 of the Constitution of India against the order dated 06.10.2025 passed in I.A.Nos.8, 9 & 7 of 2024 in O.S.No.332 of 2018 by the District Munsif Court, Dharapuram. wherein the applications filed by the petitioners/plaintiffs to condone the delay of 1296 days in filing the applications to set aside the abatement and to implead the legal heirs of the deceased fifth defendant as defendants 8 to 15, came to be rejected by the Court below.

2. Heard learned counsel for petitioners and learned Additional Government Pleader appearing for sixth respondent and carefully perused the materials available on record. This Court also went through the impugned order.

3. The petitioners are plaintiffs, who filed the suit in O.S.No.332 of 2018 seeking for the relief of declaration and for permanent injunction. During the pendency of the suit, the fifth defendant died on 07.10.2020 and the same came to the knowledge of the petitioners in the year 2024 and hence, three applications were filed to condone the delay of 1296 days, set aside the abatement and to bring on record the legal heirs of the deceased fifth defendant. The Court below dismissed the applications on the ground that the delay of 1296 days has not been properly explained. Aggrieved by the same, these revisions have been filed before this Court.

4. It is seen that except for the sixth defendant no one else has raised any objection, more particularly, the impleaded defendants 8 to 15.

5. In the considered view of this Court, considering the judgments of the Apex Court in Mithailal Dalsangar Singh and others v. Annabai Devram Kini and others [2003 (10) SCC 691] and Perumon Bhagvathy Devaswom Perinadu Vill v. Bhargavi Amma (Dead) By Lrs. and others [(2008) 6 MLJ 822] and Katari Suryanarayana and others v. Koppisetti Subba Roa and

N.ANAND VENKATESH, J. gm others [2009 (4) CTC 286], this Court is of the view that the application filed to condone the delay in bringing the legal heirs must be construed leniently, more particularly, when the main suit itself is pending consideration with respect to the other defendants. Hence, the impugned order passed by the Court below runs contra to the settled principles of law and hence, the same is interfered with by this Court in exercise of its jurisdiction under Article 227 of the Constitution of India and same is hereby set aside. Accordingly, these civil revision petitions are allowed. The District Munsif Court, Dharapuram, is directed to dispose of the suit in O.S.No.332 of 2018 within a period of four (4) months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm To The District Munsif Court, Dharapuram. Civil Revision Petition Nos.3820, 3821 & 6004 of 2026