Code of Civil Procedure, 1908–Order 22, Rule 3(2)–If no application is made within time under Rule 3(1) suit will abate–Limitation is of ninty days–Provisions of Section 5 of Limitation Act will be applied, where a person claiming LRs. of deceased–Plaintiff has a right to apply for setting aside the abatement but was prevented by any sufficient cause from continuing the suit.
