The principles relating to companydonation of delay and setting aside abatement for bringing LRs of a deceased party on record in a pending second appeal before the High Court where the second appeal has been admitted but numberdates of hearing were fixed, have been stated by this Court in Perumon 3.
It is evident from the applications filed by the appellant for setting aside the abatement and for bringing the LRs of the third appellant on record, that the other appellants were under the bonafide impression that it was number necessary to bring the LRs of third appellant on record as the other LRs of the deceased first defendant were already on record.
Feeling aggrieved, the appellants in the second appeal have filed this appeal by special leave challenging the orders dated 27.7.2005 and 13.12.2006.
One of the LRs of the first defendant, namely appellant No.3 before the High Court Dadasao Shamrao Saoji , died in the year 1996.
An application for setting aside the abatement with an application for companydonation of delay and an application for bringing LRs of the deceased third appellant were filed in the year 2003.
The High Court accepted the said companytention and dismissed the appeal on 13.12.2006.
The trial Court decreed the suit.
The first defendant filed an appeal and during the pendency of the appeal he died and his seven LRs were brought on record.
Aggrieved by the rejection, the LRs of the first defendant filed a second appeal SA No.92/1993 before the High Court of Bombay.
The second appeal was admitted and was pending for more than a decade.
The first Appellate Court rejected the appeal on 20.2.1993.
No dates of hearing were being given.
The first respondent Municipal Council, filed a suit for ejectment against three defendants Shamrao, Dayaram and second respondent .
Thereafter, the plaintiff first respondent filed an application for dismissal of the second appeal on the ground that the appeal having abated in respect of third appellant should be deemed to have abated in regard to all the appellants.
Heard learned companynsel for the parties.
Delay companydoned.
Leave granted.
