unaccompanied by any application for condonation of delay and application for setting aside abatement.
3. Learned counsel appearing on behalf of the respondent has raised ... Rule 3 of the Code, therefore, there is no refusal to set aside abatement in terms of Rule 9 of Order XXII and the present
plaintiff or the defendant. Long two years thereafter, an application for setting aside abatement is filed with a prayer for condonation of delay ... been abated as a whole, the learned Trial Judge could not set side abatement in the absence of any application for setting aside abatement
effect to setting aside the abatement as the relief of setting aside abatement though not asked for in so many words is in effect being ... order dated 19th March, 2001 is liable to be set aside and hence, set aside. The application filed by the appellant plaintiff under Order
set aside the abatement and the suit shall
stand disposed of as abated. It was further observed that where
no order for abatement is made ... party, the appeal shall
abate as against the deceased respondent. The limitation for
getting an order of abatement set aside is 60 days from
record the legal
representatives of late Smt. Balwant Kaur and for setting aside
abatement and condonation of delay in filing the application. It was
mentioned ... place of deceased Smt. Balwant Kaur and for setting
aside abatement, if any and for condonation of delay in filing the
application.
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seek substitution to apply for an order
8
to set aside the abatement and if it is proved that he was prevented by any sufficient ... suit which would include an appeal, the court shall set
aside the abatement. Now where an application for setting aside an abatement is
made
suit is
already not abated, and if abated, they have to file an
application to set aside abatement also."
39. Very recently, in Hemareddi ... declared
abated by the order of the first appellate Court dated 24-11-2001
and till this date, abatement has not been set-aside
after the stay was vacated, the application for Delay
Condonation or Abatement Set Aside is not required in the
present matter.
11. Therefore, as discussed ... heirs and legal representatives of deceased should nave
been substituted after setting aside abatement and condoning
the delay in making the application.
7. As there
quoted as under :
8. The
principles applicable in considering applications for setting aside
abatement may thus be summarized as follows :
(I) The
words "sufficient ... delay, the courts are more
liberal with reference to applications for setting aside abatement,
than other cases. While the court will have to keep
this was not done, the suit would automatically abate and Ihis abatement could be set aside within a period of sixty days therefrom under Article ... showing sufficient cause whereby he was prevented from getting this abatement set aside within a period of sixty days from the date of abatement. Thus
