T SUBBA RAO Vs. T NARASIMHA RAO

JUDGEMENT

(1.) SRI Abhinav, learned Counsel for the appellant submits that the registry is unnecessarily insisting on the appellant for filing an application for condonation of delay in filing the application for bringing the legal representatives of the deceased respondent on record, that it is not necessary, that the only consequence of not filing an application to bring on record, the legal representatives of the deceased respondent within the permitted time of 90 days, in that the appeal abates. But Limitation Act provides a further 60 days time there from to file an application for setting aside abatement and such an application seeking for setting aside abatement having been filed within a further 60 days from the initial 90 days from the date of death of the respondent, the application for setting aside abatement is in time and when once this application is filed, application for bringing the legal representatives of the deceased respondent should be considered without any further application for condonation of delay and therefore, submits that the two applications - I. A. I/08 and LA. II/08 may be ordered.

(2.) I have heard the learned Counsel for the appellant and examined the legal position.

(3.) APPLICATIONS - I. A. I/08 and LA. II/08 are filed for bringing the LRs of the deceased respondent on record, who is said to have died on 10. 10. 2007 and also to set aside the abatement as indicated in the affidavit filed in support of the application for setting aside abatement that due to certain reasons the application could not be filed within 90 days and therefore the appeal stood abated after the expiry of 90 days.