Code of Civil Procedure, 1908–Order 22, Rules 3 & 9 r/w. Sec. 151–Limitation Act, 1963–Sec. 5–Dismissal of the application–Justification–While considering the application for condonation of delay with respect to abatement of suit due to the death of a party, the Courts are required to adopt a liberal approach and ordinarily, a revenue suit should not be abated if an application for bringing the LR’s. along with a request to condone the delay is filed before it–In the application u/s. 5 of the Limitation Act, the petitioners took a specific stand that they had no knowledge about the revenue suit filed by their father–Impugned orders are liable to be quashed and set aside–Directed to decide the suit on merits.
