Code of Civil Procedure, 1908–Order 22, Rule 3–Order of allowing the application–Sustainability–Proceedings were being contested by J–He executed the Will and Power of Attorney in favour of R–After the death of J, R also died and application under Order 9, Rule 13 abated qua him–Neither the application for setting aside the abatement nor the application for condonation of delay was filed along with the application under Order 22, Rules 3–Further, neither the Power of Attorney nor the Will was produced in support of application–Only bald averments could not have been relied upon–Held, impugned order cannot be sustained.
