As the deceased second respondent in the second appeal was the sole plaintiff in the original suit from which the second appeal arose, the second appeal was closed on 5.10.2005, as having abated.
The High Court, being of the view that the delay of 394 days was number satisfactorily explained, dismissed the application for companydonation of delay as also the application for setting aside the abatement and companysequently, dismissed the application for bringing the LRs on record, by three separate orders dated 5.10.2005.
The Committee came to know about the appeal only when it received a companymunication dated 7.9.2003 from the lawyer about the case.
The said four orders are challenged in this appeal by special leave.
Later in a suit relating to the management of the Devoswom, the Sub Court, Kollam appointed a Receiver to manage the Devoswom.
The new Committee of Management was unaware of the pendency of the second appeal and, therefore, number in a position to file necessary applications in time.
Thereafter elections were held on 25.5.2003 and the newly elected Committee of Management assumed office on 8.6.2003.
Thereafter it ascertained the particulars of the LRs.
In that behalf, the appellant filed the following three applications on 9.10.2003 i an application to set aside the abatement of the appeal against second respondent in the second appeal ii an application to companydone the delay in filing the said application to set aside the abatement and iii an application to bring on record, the LRs of the deceased second respondent in the second appeal.
During the pendency of the said appeal, the second respondent before the High Court, died on 17.4.2002.
The appellant companytends that there was numbernegligence or laches on its part and it had satisfactorily explained the reasons for the delay which were due to circumstances beyond its companytrol.
The appellant, a Devoswom managed by a Committee, gave the following explanation for the delay When the second appeal was filed in 1993, it was managed by an earlier Managing Committee.
V.RAVEENDRAN, J. Leave granted.
This appeal is by the appellant in Second Appeal No.147 of 1993 on the file of the High Court of Kerala.
of the deceased and filed the applications on 9.10.2003.
