HARI PRASAD BHUYAN Vs. DURGA PRASAD BHUYAN

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Gauhati High Court, dismissing the applications for condonation of delay, setting aside of abatement and substitution of the heirs of the respondent nos. 13 and 24 in the Second Appeal no.80/1986. It was held that the appeal had abated and the judgment and order dated 18.5.1995 passed by the High Court in Second Appeal no.80/1986 was a nullity and, therefore, application under Section 152 of the Code of Civil Procedure, 1908 (in short the "CPC") was not maintainable.

(3.) Background facts in a nutshell are as follows: