THE HON'BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.3120 of 2010 ORDER: Heard the learned counsel for the petitioners and the learned counsel appearing for the respondents. This Civil Revision Petition under Article 227 of the Constitution of India is filed aggrieved by the order, dated 15.04.2010, passed by the learned II Additional Junior Civil Judge, Warangal, dismissing I.A.No.2250 of 2009 filed under Order XXII Rule 3 read with Section 151 CPC to implead the proposed petitioners therein as legal heirs of the deceased second plaintiff, in O.S.No.1038 of 2006. A perusal of the impugned order indicates that the Court below dismissed the said I.A. on the ground that legal representatives were not brought on record within the time and there was no application seeking to set aside the abatement or to condone the delay in filing application to set aside the abatement. If in the pending suit, the second plaintiff died, remaining plaintiffs ought to have taken steps to bring the legal representatives on record within the period of 90 days. If the said period is lapsed, the suit automatically abates the claim of the second plaintiff, unless an application is filed to set aside the abatement or to condone the delay, if there is any delay in filing application to set aside the abatement. Further, no application can be filed straightaway to bring on record the legal representatives of the deceased without mentioning the date of death. In view of aforesaid reasoning assigned by the Court below, I am not inclined to interfere with the impugned order. In that view of the matter, the Civil Revision Petition is dismissed. However, it is open for the petitioners to file appropriate application for bringing the legal representatives of the second plaintiff on record. If any such application is filed, the Court below shall consider the same independently without being influenced by any of the observations made by it in the impugned order as well as by this Court in the present order. No order as to costs. ______________________ R.SUBHASH REDDY, J 29th OCTOBER, 2010. kvni