after condonation of delay in filing the application
for setting aside abatement and setting aside abatement. Appellant No.3 died on
19th December ... delay in making an application for setting aside
abatement and set aside abatement, but this Court condoned the delay, set
aside abatement and directed
absence of any separate application seeking condonation of
delay or setting aside the abatement of the suit not being filed
by petitioners, as the case ... delay in filing such application and there was
an abatement, thus requested to condone such delay and also
sought for set aside abatement. Such composite
set aside the abatement within sixty days from the date of abatement, the Court would have discretion to set aside the abatement even after ... because there was some delay on their part in making an application for condonation of delay for setting aside the abatement, such an application should
Article 226 to condone delay if reasonable and sufficient cause justifying the delay is established and to set aside the abatement while exercising the extraordinary ... abatement can be set side at any time even beyond the period prescribed for making an application for setting aside the abatement, if sufficient cause
abate or secondly accepting the view of trial court that suit has abated move an application to set aside the abatement condoning the delay ... condoning the delay and setting aside of abatement, hence the fresh application dated 4.11.2003 was rightly moved praying to set aside the order dated
setting aside
abatement. Subsequently, the applications for substitution,
setting aside abatement and the delay condonation as filed
on 15.10.2020, had come up for consideration before ... Setting Aside Abatement Appl. No.8688 of
2020.
Substitution Appl. No.8689 of 2020
Setting Aside Abatement Appl. No.8690 of 2020
Delay in Setting
Matloob Khan And Others vs Smt. Hanuman Prasad And Others on 18 September, 2023
Author
delay in making an application for setting aside
abatement and set aside abatement, but this Court condoned the
delay, set aside abatement and directed ... abatement is set
aside, the merits of the dispute can be determined while, if the
abatement is not set aside, the party is deprived
impugned judgment cannot be set aside on the ground that a
formal application to set aside the abatement had not been filed.
Learned counsel submitted ... set aside the
abatement has not been filed, the tenants did not even thereafter
take steps to file an application to set aside the abatement
abatement is set aside, the merits of the dispute can be determined
while, if the abatement is not set aside, the appellant is deprived ... order dated 5.10.2005 closing the appeal as having abated.
The delay is condoned. Abatement is set aside. The legal representatives of
the deceased second respondent
