Once the proceedings have abated,
the suit essentially has to come to an end, except when the
abatement is set aside and the legal representatives ... prayer for
setting aside the abatement. So also a prayer
for setting aside abatement as regards one of
the plaintiffs can be construed
delay in filing the petition for
setting aside the abatement was condoned, abatement was set aside, prayer for
substitution was granted and High Court ... accordingly the delay in filing the petition for setting aside abatement is
condoned, abatement is set aside and prayer for substitution is granted
application
under the Code of Civil Procedure for an order to set aside abatement, the
period of limitation is 60 days from the date ... 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
dismissal of a suit has
been set aside. Whether the trial judge passed an order setting aside an
abatement or allowed substitution of the legal ... aside of the abatement qua them
the suit had abated as a whole, depriving the court of its jurisdiction to
set aside the abatement
word in the
application that the appeal had abated and that the
abatement be set aside The error in this respect seemed to
have further ... suit set aside and
this he can do by making an application for that purpose
within time. The Court will set aside the abatement
principles applicable for the purpose of considering applications
for setting aside abatement had been summarized, inter alia, directing :
"(i) The words "sufficient cause ... delay, the courts are more liberal with reference
to applications for setting aside abatement, than
other cases. While the court will have to keep
setting aside the abatement.
6. When an appeal is disposed of having abated and thereafter an application is made for setting aside abatement of appeal ... order refusing to set aside abatement is appealable as an order under Order 40 Rule 1(k) C.P.C . There being a specific provision
word in the application that the appeal had abated and that the abatement be set aside. The error in this respect seemed to have further ... suit set aside and this he can do by making an application for that purpose within time. The Court will set aside the abatement
proceeding would abate for non-
substitution within the period of limitation.
(iv) Once abatement takes place, it can be set
aside by substitution after condoning ... seeking
substitution and setting aside abatement, by
mere impleadment of LRs of a deceased party,
abatement cannot be deemed set aside.
Hence, the order dated
itself, did not amount to setting aside of the abatement and
unless abatement is set aside, the second appeal is non-est in the eyes ... second appeal ought to be set aside.
32. Although no application praying for setting aside of abatement was ever
made by the appellants before
