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2006 DIGILAW 731 (AP)

Botta Veeraiah @ Veeraswamy v. Goka Rattamma (Died)

2006-06-28

C.Y.SOMAYAJULU

body2006
ORDER In an appeal filed by the revision petitioners, after the respondent/plaintiff therein died, they filed three petitions (i) for condoning the delay, (ii) for setting aside the abatement of appeal and (iii) to bring on record the legal representatives of the deceased respondent in the appeal. The appellate Court, without passing orders on the petitions to condone the delay and to set aside the abatement, passed order allowing the petition to bring the legal representatives of the deceased respondent on record. Hence this revision by the appellants. 2. The contention of the learned counsel for the revision petitioners (appellants) is that since the appeal stood abated automatically due to the revision petitioners not bringing the legal representatives of the deceased respondent on record within the prescribed period of limitation, unless the order of abatement is set aside, even if the legal representatives of the deceased respondent are brought on record, no useful purpose would be served to the revision petitioners. 3. On an assumption that the deceased respondent in the appeal did not leave behind any heirs and on the assumption that his property stood escheated to the Government revision petitioners made the Administrator General a party to the petitions filed by them. 4. Since the revision petitioners are not satisfied with the order on the ground that the petition to set aside abatement was not ordered, I set aside the order under revision. 5. From a reading of the order under revision it is seen that the counsel for the deceased 15 respondent filed a memo into the Court the one Satya Naga Chandra Rao is the adoptee son of the 1st respondent, in view of the registered adoption deed dated 12-06-1979. As per Rule 11 (A) (sic. 10-A) of Order XXII of the Code of Civil Procedure, counsel appearing for a party in a proceeding has to inform the Court about the death of his party and for that purpose the contract between him and the deceased party would be deemed to be subsisting. Therefore, the counsel that report the death of his party can also inform the Court about the legal representatives of the deceased party. 6. Therefore, the counsel that report the death of his party can also inform the Court about the legal representatives of the deceased party. 6. In this case since it is reported that one Satya Sai Naga Chandra Rao is the adopted son of the deceased 1st respondent, revision petitioners are directed to make the said Satya Sai Naga Chandra Rao a party to the three petitions filed by them. Appellate Court shall order notice to the said Satya Sai Naga Chandra Rao, and dispose of the petition to condone the delay in filing the petition to set aside abatement in the first instance and then the petition to set aside the abatement petition and then only pass orders on the petition to bring the legal representatives of the deceased. 7. The revision is ordered accordingly. No costs.