HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:264 OF 2011 ORDER: This is a revision filed under Article 227 of the Constitution of India seeking to revise the order of the II Additional District Judge, Vijayawada, Krishna District, in I.A.No.3048 of 2009 in O.S.No.68 of 2005, dated 06.10.2010. The petitioners herein are the plaintiffs. They being lunatics filed the above suit for partition through their mother after the death of the 2nd defendant. In the said suit, the mother filed the application in I.A.No.3048 of 2009 seeking to set aside the abatement order and to permit the petitioners-plaintiffs to get the legal representatives of the 2nd defendant to be added as defendants 3 to 7 in the suit by stating that the death of the 2nd defendant was intimated in E.P.No.13 of 2004 in O.S.No.26 of 2001 in the month of April, 2009. The above I.A. was filed on 20-7-2009. The lower Court dismissed the I.A., on the ground that 90 days statutory period prescribed for filing the petition to implead the legal representatives was elapsed and that the petitioners did not mention any reasons for not filing the petition within 90 days and that in the prayer portion of the affidavit, there is no specific prayer to set aside the abatement and that there are no merits in the petition. In spite of service of notice on the respondents, they did not choose to put in their appearance in this revision. Admittedly, the petitioners-plaintiffs, who are lunatics, filed the above suit for partition through their mother. In such a case, the Court should act as that of a guardian to the disabled persons. But, the lower Court has failed to draw its attention to the said aspect, which resulted in dismissal of the I.A. In view of the same, the order impugned is liable to be set aside. Accordingly, the Civil Revision Petition is allowed setting aside the order impugned herein. Consequently, the I.A.No.3048 of 2009 in O.S.No.68 of 2005 on the file of the II Additional District Judge, Vijayawada, is allowed setting aside the abatement order and permitting the petitioners to bring the legal representatives of the 2nd defendant on record. No order as to costs. _____________________ Justice A. Gopal Reddy Date:18th March, 2011 Nn. HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:264 OF 2011 18.3.2011