Code of Civil Procedure, 1908–Order 22, Rule 4–Limitation Act, 1963–Sec. 5–An application for substitution is to be filed within 90 days of death and if not filed, the application for setting aside the abatement is to be filed within sixty days–If that too is not filed, the requisite application for setting aside the abatement is to be filed with accompanying the application for condonation of delay–Once the Court is satisfied that sufficient cause prevented the plaintiff/appellant from applying for setting aside the abatement within the period of limitation and orders accordingly, comes the question of setting the abatement.
