https://www.taxtmi.com/caselaws?id=194007 An application to set aside abatement and seek condonation of delay under Order 22 Rule 9 CPC and Section 5 of the Limitation Act requires proof of sufficient cause. Mere absence of prior knowledge of the respondent's death is not enough by itself; the applicant must also show no culpable negligence or mala fides and must explain why timely steps could not reasonably be taken. On the facts, the applicant learnt of the death only shortly before filing, acted promptly thereafter, and the record disclosed no bad faith or negligence. Abatement was therefore set aside and delay condoned. en-us Wed, 03 Sep 1975 00:00:00 +0530 Fri, 25 Aug 2017 17:24:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=194007 An application to set aside abatement and seek condonation of delay under Order 22 Rule 9 CPC and Section 5 of the Limitation Act requires proof of sufficient cause. Mere absence of prior knowledge of the respondent's death is not enough by itself; the applicant must also show no culpable negligence or mala fides and must explain why timely steps could not reasonably be taken. On the facts, the applicant learnt of the death only shortly before filing, acted promptly thereafter, and the record disclosed no bad faith or negligence. Abatement was therefore set aside and delay condoned. Case-Laws Indian Laws Wed, 03 Sep 1975 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=194007