Code of Civil Procedure, 1908–Order 22, Rule 4 r/w. Sec. 151–Dismissal of suit as abated whole–Justification–Defendant no. 1 died on 09.05.2015–Information of same was taken on record on 29.01.2018 and the application under Order 22, Rule 4 was filed on 08.03.2019 without any application for condonation of delay–Held, suit qua the defendant no. 1 was rightly abated but the defendant no. 2 (wife of defendant no. 1) was the executant of sale deed and she was already on the record–Suit qua her could not have been abated–Suit deserves to be restored on original numbers.
