DEVRAO SHANKAR PATOLE Vs. SUKHDEO SHANKAR PATOLE

JUDGEMENT

(1.) PARTIES by counsel. Rule returnableforthwith.

(2.) THE appellant filed Civil Appeal No. 378 of 1989 in the Lower appellate Court against the judgment of the learned trial Court dismissing the suit for specific performance of contract During the pendency of the said appeal, the respondent in the appeal died. The petitioner made application for bringing his legal representative on record on 19-11-1990. There was two days delay in filling the said application. The petitioner had not applied for setting aside the abetment of the appeal which had abated because the application for bringing the legal heirs on record was not filed in time. The said application was also not uccompained by an application for condonation of delay in filing the same. The learned Lower Appellate Court taerefore dismissed the application of the petitioner for bringing the legal representatives on record. Being aggrieved, the petitioner has preferred the present writ petition against the order of the learned Lower Appellate Court.

(3.) THE learned Counsel for the petitioner urged before me that through the mistake of the Advocate appearing for the petitioner in the appeal, the application for setting aside the abatement and the application for condonation of delay were not filed. The submission is that in the interest of justice, the interest of the petitioner should not suffer He has however filed an application for setting aside abatement of the appeal in this writ petition in which he has also claimed that the delay in filing the same as well as the application for bringing the legal representatives on record should be condoned.