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What is "sufficient cause"-Limitation for application
to set aside abatement starts from date of death and not
from date ... record and when its application for
setting aside abatement was not allowed on account of its
failure to satisfy
Supreme Court of India
filing the petition for
setting aside the abatement was condoned, abatement was set aside, prayer for
substitution was granted ... filing the petition for setting aside abatement is
condoned, abatement is set aside and prayer for substitution is granted
Supreme Court of India
aside the abatement. So also a prayer
for setting aside abatement as regards one of
the plaintiffs can be construed ... setting
aside the abatement as the relief of setting
aside abatement though not asked for in so
many words
Supreme Court of India
aside the abatement.
6. When an appeal is disposed of having abated and thereafter an
application is made for setting ... aside abatement of appeal, an order
refusing to set aside abatement is appealable as an order under Order
40 Rule
Supreme Court of India
Division Bench forming an opinion that
an order setting aside abatement and bringing on record the legal
representatives ... substance be construed as a prayer for setting aside abatement.
So also a prayer for setting aside abatement as regard
Supreme Court of India
order to set aside abatement, the
period of limitation is 60 days from the date of abatement. Section ... principles applicable in considering applications for setting aside
abatement may thus be summarized as follows :
11
(i) The words "sufficient
Supreme Court of India
applicable for the purpose of considering applications
for setting aside abatement had been summarized, inter alia, directing :
" ... more liberal with reference
to applications for setting aside abatement, than
other cases. While the court will have to keep
Supreme Court of India
specified
therefor in the limitation Act, 1963, for setting aside the
abatement and also for the admission of that application ... consequently abated and the plaintiff applies for setting
aside the abatement and also for the admission of that application
Andhra High Court
setting aside the abatement.
Such an application may be made within sixty days from the date of
abatement as provided ... application to
set aside the abatement within sixty days from the date of abatement
under R. 9(3). Sub-rules
Punjab-Haryana High Court
question of the nature of the order setting aside abatement. Counsel
for the appellant relied very strongly on the decision ... Manipur High Courts holding the view that order setting aside abatement
is not 'judgment' within the meaning of Letters Patent
Calcutta High Court
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