MOHAR SINGH Vs. MANGAT AND OTHERS

JUDGEMENT

(1.) Heard Sri Vijendra Singh, learned counsel for the petitioner and Sri Pradeep Kumar, learned counsel for the respondents.

(2.) This writ petition is directed against the order dated 19.8.2011 passed by the Additional District Judge (II), Gautam Budh Nagar in Civil Misc. Appeal No. 6 of 2010 arising out of original suit no. 703 of 1989, Mangat & Others vs. Khacheru (deceased). Whereby the abatement of suit was set aside by condonation of delay in filing the substitution application.

(3.) Challenging the order impugned, the contention of learned counsel for the petitioner is that the appellate court below has committed a manifest error of law in setting aside the abatement of suit and condone the delay in filing the substitution application.