4. It could be seen from the records that one Iyyappan, Minor son of the petitioner, represented by his Maternal Grand Mother - Mangai, W/o.late Loganathan, has filed a petition in M.P.No.1 of 2015 to condone the delay in representing a petition for setting aside the abatement. No notice has been ordered in the said petition. In the affidavit filed in support of the said petition, it has been submitted that pending suit and this appeal, the appellant/petitioner/defendant in the suit died on 30.11.2012 and was survived by his three children namely: (i) Iyyanar, Hindu, aged 21 years, (ii) Angala Parameswari (later died unmarried on 20.04.2013), (iii) Iyyappan (minor), Hindu aged 17 years. Since sole interested legal representative/legal heir of deceased 1 st appellant being minor, in prosecuting the appeal and suit, the grand mother of the minor petitioner has filed the petitions to appoint her as the Guardian/Next friend of the minor petitioner Iyyanar until he attains majority i.e on 09.05.2015, who is solely in her care and custody for all purposes in life as on date and implead him as the legal representative/heir of deceased 1 st appellant in the civil miscellaneous appeal. It is further submitted that the petition papers were returned by the office for some compliance on 22.09.2014 and the same was represented on 09.10.2014 and again the petition was returned for certain compliance on 31.10.2014 and the same was also represented on 28.01.2015, hence there is a delay of 91 days due to inadvertence in representing the said application.
