Code of Civil Procedure, 1908–Order 22, Rules 3 & 9–Rejection of application on the ground of delay–Justification–Explanation of appellants that they were not aware about the suit–Merely because both the parties were living in same village, it cannot be concluded that they were living together–Further, the respondents filed the application for abatement of suit after 1-1/2 years of death of C–No malafide intention on part of appellants–Application deserves to be allowed.
