Abatement and substitution delay barred merits review where no sufficient cause justified the late application.

Delay in seeking substitution and in moving to set aside abatement was not condoned where the sole respondent died during pendency of the appeal, no timely application was made to bring legal representatives on record, and the appeal had already abated. The application to set aside abatement was time-barred, and no sufficient cause was shown for the prolonged delay; the appellant's knowledge of the death was attributed to the State appellant itself. Once abatement stood, the merits of the appeal could not be examined, so the abatement was not set aside.

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Issues: Whether the delay in seeking substitution and in applying to set aside abatement should be condoned and the abatement set aside.

Analysis: The sole respondent died during the pendency of the appeal. No application for bringing the legal representatives on record was made within the prescribed time, and the appeal had already abated. The application to set aside abatement was therefore time-barred. The record did not disclose any sufficient cause for the long delay, and the appellant's knowledge of the death was attributable to the State appellant itself. The Court also held that the merits of the appeal could not be examined once abatement stood in the way.

Conclusion: The delay was not condoned and the abatement was not set aside.

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