Intimation of death was given by the companynsel for the respondents on August 5, 1991, but the application companyld number be filed due to the delay on the part of the companynsel for the deceased appellant as sworn in by him in his affidavit.
This appeal by special leave arises from the order of the High Court of Delhi made on July 25, 1995 in CMP No.534/92 wherein it was held that the appeal had abated and companysequently the same was dismissed.
Then an application came to be filed on May 4, 1992 seeking setting aside of the abatement, companydonation of the delay in filing the application and to bring the legal representatives of the sole appellant on record.
Suffice it to state that pending first appeal in the High Court, the sole appellant died on December 1, 1990.
We Have heard learned companynsel on both sides.
Consequently, the appeal having abated was dismissed on November 18, 1991.
Leave granted.
Thus, this appeal by special leave.
It is number necessary to dilate upon the facts on merits.
