Code of Civil Procedure, 1908–Order 22, Rules 4 & 9–Judgment and decree passed by RAA were set aside by BOR–Writ petition against the order–Allowed with the observation that the plaintiff had expired during the pendency of appeal before the BOR and his LRs. were not brought on record, therefore, the decree could not have been passed–Thereafter, BOR set aside the abatement by allowing the application under Order 22, Rules 4 & 9–Whether there is any illegality ?–Held, no–While dismissing the review petition, the Division Bench had observed that the appellant may take recourse for setting aside the abatement–Right of appellant to seek the abatement set aside and get the appeal restored did not stand foreclosed–No case is made out for interference.
