1981 (9) TMI 308

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....d R.N. Poddar, Advs. For the Respondents : D.V. Patel, R.A. Shorff, Gopal Subramanium and Deba Prasad Mohanty, Advs. ORDER A.D. KOSHAL, J. 1. The sole respondent in this appeal died on the 10th December, 1978. He was also arraigned as an appellant in the connected appeal (Civil Appeal No. 2132 of 1977) in which an application was made on the 20th February 1979 stating the factum and th....

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....s of the death, the appeal abated on the 11th March, 1979 and an application for having the abatement set aside could have been made within the period of 60 days following that date. (Article 121 of the Limitation Act). The application actually made in that behalf was thus time-barred by more than 3 months and a half. Mr. Phadke, learned Counsel for the appellant does not dispute this proposition.....