Code of Civil Procedure, 1908–Order 22, Rule 4 & Order 22, Rule 9–Limitation Act, 1963–Sec. 5–During the pendency of the appeal, death of appellant no. 2 (defendant no. 1/1) and original plaintiff (respondent no. 1 in the appeal)–One application under Order 22, Rule 9 for abatement of appeal and other for taking the LRs. of respondent no. 1 on the record–Appeal is pending since the year 2001 and after admission, no specific date for the hearing was assigned–Intimation of death of respondent was given by his one legal representative on 19.09.2022 by way of the application under Order 22, Rule 9–After this application, appellant no. 1 was duty bound to make the application for setting aside the automatic abatement and to bring the LRs. on record–Application was filed first time on 01.09.2023–Though the limitation starts from the date of death but in the High Court, the parties are not required to attend the proceedings and may not be aware about the status of case except “due course”–Application for abatement was filed after twenty years of death of respondent no. 1–First appeal is an important piece of legislation–Application under Order 22, Rule 4 r/w. Sec. 151 deserves to be allowed.
