SHIBA PROSAD JANA Vs. HATI MAITT

JUDGEMENT

(1.) This appeal is against an order refusing an application to sat aside the abatement of an appeal which was pending before the Subordinate Judge of Midnapore.

(2.) The appellant died on the 8th June 1917 and six months expired on the 8th December of that year. No application for substitution having been made within that period, an order of abatement was made on the 21st December and the present application was made on the 7th of January 1918.

(3.) The main ground upon which the application was that the appellants agent Surja Narain, who had been sent for making an application for substitution, on the 6th December 1917, in collusion with the respondents, did not make the application and further that he informed the petitioners that the application had been made by him. The petitioners say that subsequently they came to know of this fraud and then they made the application.