set aside, heirs cannot be brought on record and there is no question of condoning delay in absence of any application for setting aside abatement ... set aside by resorting to the procedure laid down in Rule 9 of that Order. If the application for setting aside the abatement is made
set aside the abatement within sixty days from the date of abatement, the Court would have discretion to set aside the abatement even after ... under sub-r. (3) for setting aside the abatement and on the abatement being set aside, the Court would be empower ed to allow
respondent bank filed reply objecting the prayer of setting aside abatement of appeal.
7. We have heard the learned advocates for the parties at length ... made for setting side the abatement within a stipulated period. It is now well settled that an abatement can be set side at any time
abatement, it is an independent proceeding in which the question arises whether the party applying is entitled to have the abatement set aside. This question ... case of setting aside an ex-parte decree is not at all comparable with the case of setting aside abatement and/ or permitting legal representative
abatement of the suit set aside by applying within time for that purpose and the Court would set; aside such abatement if it was proved ... set aside. The question of diligence arose only because the subsequent delay had to be condoned under Section 5 for setting aside the abatement after
Civil Procedure read with Section 5 of
the Limitation Act for setting aside abatement and for
condonation of delay of 4361 days caused in preferring ... view of provisions of O-22, R-4 of
CPC , abatement is inevitable and accordingly, Regular Civil
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death, the appeal abated on March 11, 1979 and an application for having the abatement set aside could have been made within the period ... deceased brought on the record or for having the abatement set aside after it had taken place. His knowledge of the death of the respondent
set aside by resorting to the procedure laid down in Rule 9 of that Order. If the application for setting aside the abatement is made ... Limitation Act for setting aside the abatement and on the abatement being set aside, the Court would be empowered to allow the application under Order
relevant time, can set aside
the abatement. Differently put, the abatement can
be set aside only by the concerned learned trial
Court where the reference ... where the
reference abated) in accordance with law, the
abatement subsists.
19.5 Therefore, so long as abatement is not set
aside by competent court
supra), there is no need to
file any separate application for setting aside abatement and so
also a delay application, and in that view ... abatement, thus requested to condone such delay and also
sought for set aside abatement. Such composite request made
by the petitioners in the impugned application
