HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.5204 OF 2009 ORDER: This civil revision petition is directed against the order dated 13.08.2009 in I.A.No.2291 of 2008 in O.S.No.1033 of 2004, on the file of the II-Additional Senior Civil Judge, Ranga Reddy, wherein the said application filed by the petitioners herein, the plaintiffs, under Section 5 of the Limitation Act, seeking condonation of delay in filing the application for setting aside the abatement and to bring the legal representatives of the deceased-3rd respondent on record as defendants 11 to 16, was dismissed. 2. Heard the learned counsel for the petitioners. None appears for the respondents on 20.09.2011, 21.09.2011 and also today. Perused the record. 3. The petitioners herein filed the suit against the respondents for declaration of title and permanent injunction in respect of the schedule property. The respondents entered appearance and filed written statement contesting the suit. It is stated that during the pendency of the suit, the 3rd defendant died on 19.01.2007. According to the petitioners, they came to know of the death of D-3 only from a memo filed into the Court by the counsel for the defendants on 22.12.2007. Thereafter, they filed necessary application to bring the legal representatives of the deceaed/D-3 on record as D-11 to D-16 together with an application to set aside the application under Section 5 of the Limitation Act for condoning the delay. The respondents filed a counter opposing the said application on the ground that the petitioners have not taken steps within time to bring the legal representatives on record and the delay is not satisfactorily explained. By the impugned order, the learned Senior Civil Judge dismissed the application. Aggrieved by the same, the petitioners filed the present application. 4. It is not disputed that the death of D-3 was reported to the Court by filing a memo on 22.12.2007. There is absolutely nothing on record to show that the petitioners/plaintiffs had any prior knowledge about the death of D-3 even before filing of the said memo. When the delay of 150 days is counted from the date on which the memo is filed and after excluding the period of 90 days prescribed for taking steps, the net delay would be around 150 days. 5. Having regard to the nature of the relief prayed for in the suit and with a view to see that there is a comprehensive adjudication of the dispute in the presence of all the parties concerned, it is considered that the legal representatives of the deceased/D-3 shall be brought on record duly condoning the delay in filing the application as the delay is only around 150 days. The impugned order is accordingly set aside and consequently I.A.No.2291 of 2008 stands allowed and the delay in filing the application for setting aside the abatement and to bring the legal representatives of the deceased/D-3 on record, stands condoned. 6. In the result, the civil revision petition is allowed accordingly. There shall be no order as to costs. __________________ G.V.SEETHAPATHY 29th September, 2011 Lrkm