JASWANT SINGH Vs. GANGI DEVI

JUDGEMENT

(1.) This order/judgment will dispose of CMP(M) No. 658/97, CMP(M) No. 659/97 and also as a consequence thereof, R.S.A. No. 142/93.

(2.) The first application has been filed by the plaintiffs -appellants under Order 22, Rules 4 and 9 read with Section 151, C.P.C. for setting aside the abatement, if any, and for bringing on record the legal representatives of Lachhman/respondent No. 2 who has died on 18.6.1993. The second application is under Section 5 of the Limitation Act for condoning the delay in filing the other application for setting aside the abatement.

(3.) In order to appreciate the point involved for consideration, it would be necessary to refer to some facts concerning the main appeal.