Code of Civil Procedure, 1908–Order 22. Rule 3(2) & Order 22, Rule 10–Abatement of appeal–Prayer for setting aside–At the time of filing the application for early hearing, the respondents were not aware of the fact of the death of the sole appellant–Thereafter, when the application under Order 22, Rule 3(2) was filed by them, the counsel representing the appellant refused to accept the copy of application–Thereafter, he pleaded no instruction–It can be assumed that he did not inform the applicant regarding the filing of the application and pleaded no instruction–Litigation pertains to immovable property–Abatement deserves to be condoned.
