aside the abatement;
(2) the application filed by the applicant seeking setting aside abatement has not made out sufficient cause; and
(3) the application filed ... cause shown by the applicant/respondent to file an application for setting aside abatement and reasons given in the Interlocutory Application filed under Section
principles to guide courts while considering
applications for setting aside abatement and
application for condonation of delay in filing the
former application are laid down ... follows:
"13. The principles applicable in considering
applications for setting aside abatement may thus be
summarised as follows:
(i) The words „sufficient cause
absence of any prayer made for seeking condonation
of delay and setting aside abatement, the impugned
application filed below Exhibit 33 itself is not maintainable ... position of law, thus
requires to be quashed and set aside, which is hereby set
aside.
24. Consequently, the impugned applications filed below
Exhibit
under:
"13. The principles applicable in considering
applications for setting aside abatement may
thus be summarised as follows:
(i) The words „sufficient cause ... filing the application to set aside the
abatement, and the delay is condoned, the abatement is set aside
Signature Not Verified
Signed
prayer for setting aside the
abatement. So also a prayer for setting aside abatement as
regards one of the plaintiffs can be construed ... effect of setting aside the abatement as the relief of setting
aside abatement though not asked for in so many words is in
effect being
application for condonation of delay
in filing an application for setting aside abatement of appeal qua respondent
No. 1(i) Sudhakar Rao Dixit, as well ... application
under Order 22 Rule 4, 9, 11 of CPC for setting aside abatement as well as
for taking legal representatives of respondent
setting
aside the abatement and condonation of delay in filing the
setting aside abatement by filing I.A. No. 03 of 2020, which
has been ... This interlocutory application has been filed for
setting aside abatement and condoning delay of 15 years in
case of substitution of appellant No.8, delay
filed for setting aside the said abatement and the abatement
shall be set aside, only if it is proved that the plaintiff was prevented ... aside an abatement. abatement.‖
10. The legal position with regard to impleadment of legal heirs under
Order XXII Rule 4 as well as abatement
abatement may in substance be construed as a prayer for setting aside abatement.
So also a prayer for setting aside abatement as regard ... effect of setting aside the abatement as the relief of
setting aside abatement though not asked for in so many words is in effect being
thus, took step on 14.5.2015 to file these
petitions for substitution, setting aside abatement and to
condone the delay to substitute respondent ... period
of 90 days for substitution and then 60 days for setting aside
abatement, there is further ground available to the appellant
for condonation
