THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.171 of 2010 ORDER: The petitioner filed O.S.No.470 of 2008 in the Court of the II Additional Junior Civil Judge, Kurnool against the respondents for the relief of declaration of title and other consequential reliefs. Respondent No.1 died during the pendency of the suit. It appears that the trial Court adjourned the suit for steps. Ultimately, it passed an order on 30.06.2009 to the effect that the suit abated against respondent No.1. The petitioner filed I.A.No.792 of 2009 under Order 22 Rule 4 C.P.C. with a prayer to set aside the abatement. The trial Court dismissed the same through order, dated 19.08.2009. Hence, this revision. Heard the learned counsel for the petitioner. Since respondent No.1 is no more and his legal representatives were not brought on record, no representation can be expected for them. The record discloses that the notice sent to respondent No.2 was not served yet. In view of the nature of orders to be passed by this Court, this Court feels that it is not necessary to wait any further. Defendant No.1 in the suit died. In case no steps are taken within the stipulated time, the suit would naturally abate. An application to bring the legal representatives on record can be filed by either of the parties. So far as the plaintiff in a suit is concerned, the limitation for filing of the application would start only when an intimation as required under Rule 10-A or Order 22 C.P.C. is given. The record of the case does not disclose that any such intimation was given. Even now, the petitioner can be given an opportunity to file a set of applications, namely to set aside the abatement, to condone the delay, if any, in filing such application and to bring the legal representatives on record. If defendant No.1 was represented by an Advocate before he died, the obligation is upon him to furnish the particulars of the legal representatives. Even otherwise, the petitioner can collect the same. Therefore, the civil revision petition is allowed and the order under revision is set aside. Since the petitioner has already filed an application under Order 22 Rule 4 C.P.C., it shall be open to him to file two more applications, namely to condone the delay in filing the application and the other to bring the legal representatives of the deceased defendant No.1 on record. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt: 16.12.2010. kdl