BANTA SINGH Vs. SANTI

JUDGEMENT

(1.) This Appeal under Clause X of the Letters Patent has been filed by Banta Singh against the order of the Single Judge dated April 25, 1975, dismissing his application for setting aside abatement of the second appeal.

(2.) Inder Singh, the sole respondent in Regular Second Appeal No. 101 of 1970, died on August 2, 1972. As no application was filed for impleading his legal representatives within the prescribed time, the appeal stood abated on November 1, 1972. The appellant moved an application for setting aside the abatement under Order 22, Rule 22 Rule 9, Code of Civil Procedure (hereinafter called the Code), together with an application under Section 5 of the Limitation Act on March 10, 1975, for condonation of delay in making the said application. The learned Single Judge held that no sufficient cause was made out to condone the delay and dismissed both the applications.

(3.) In this appeal, the only point urged by the learned counsel for the appellant was that on April 25, 1975 when the application for setting aside the abatement came up for hearing, the provisions of Order 22 of the Code relating to the abatement of suits which also governed appeals under the Code, had already been amended by insertion of Rule 2-B and the substitution of sub-rule (3) to Rule 4 read as under :-