ASHUTOSH KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) HEARD the learned Counsel appearing for the parties.

(2.) THIS application has been filed for condonation of delay without praying for setting aside of the abatement of the appeal when fact remains that the appellants died long back. There is no prayer for setting aside of the abatement.

(3.) THE learned Counsel of the appellants insists that since the appeal arises out of a writ proceeding, there is no question of abatement. The learned Counsel of the appllants referred to and relied on a decision of the hon'ble Supreme Court in Puran Singh and Ors. v. State of Punjab and Ors. , reported in AIR 1996 SC 1092 : 1996 WBLR (SC) 147.