NAGESWARARAO Vs. PARITALA LAKSHMINARASAMMA

JUDGEMENT

(1.) Defendants 1 and 2 are the appellants In this appeal which arises out of the judgment and decree of the Court of the Subordinate Judge, Vijayawada, in Original Suit No. 56 of 1954.

(2.) The plaintiff was the sole respondent in the appeal. The respondent died on the 24th of August, 1960. On the 3rd of April, 1962. the appellants filed C. M. P. No. 6441 of 1962 to excuse the delay in seeking to set aside the abatement caused by the death of the respondent. On the 10th of December, 1964, the above petition and the connected petition, C, M. P. No. 6442 of 1962 for setting aside tbc abatement caused by the death of the respondent, came up before a Division Bench of this Court and they made the following Order

(3.) On the 22nd of January, 1965, the appellants filed C.M.P. No. 1008 of 1965 to review the above order. The review petition was dismissed by the Division Bench on the 3rd of March, 1965. The result of the above proceedings is that the appeal stood abated as the legal representatives of the deceased-respondent were not brought on record within the time allowed by law and the appellants' petition to excuse the delay in seeking to set aside the abatemen t stood dismissed by reason of the fact that the condition, subject to which the petition was ordered was not complied with within the time prescribed.