M NARSINGA RAO Vs. MUKUNDLAL MISRA

JUDGEMENT

(1.) Heard both the Counsel.

(2.) S.A.M.P. No.2191 of 2005 is filed under Order 22 Rule 3 read with Section 151 of Code of Civil Procedure (for short 'the Code') to permit the petitioner to come on record as the legal representative of the deceased appellant. S.A.M.P.No.2192 of 2005 is filed under Order 22 Rule 9 read with Section 151 of the Code to set aside the abatement order dated 13-4-2004 and restore the second appeal to file.

(3.) The learned Counsel for the petitioner submitted that the deceased appellant is a bachelor and the petitioner is his adopted son under a registered adoption deed and as he was pursuing the education at different places in the State and subsequently engaged in a job at United States of America for sometime and thereafter came to India, he was not aware of the pendency of the suit or the appeal and after the death of the appellant on 26-2-1999 who is his father, he wanted to develop his properties at Karimnagar and therefore searched for papers and he found papers relating to the second appeal and immediately approached the Advocate by name Sri Venugopal and came to know that he did no attend the Court when the case was listed and as a result the appeal was abated and in that process a delay of 361 days has occurred in filing the present application for setting aside the abatement and this Court by order dated 14-7-2006 has condoned the delay. For these reasons, he sought for setting aside the abatement and permit the petitioner to come on record.