- (1.) Heard Shri H.M. Srivastava, learned counsel for the appellant.
(2.) This First Appeal From Order has been filed under Order 43 Rule 1(t) of the Civil Procedure Code, whereby a belated application filed by the appellant, for recall of an order dated 03.09.1996, was dismissed on the ground that it was not accompanied by any affidavit in support of the application under Section 5 of the Limitation Act for condonation of delay.
(3.) The order dated 03.09.1996, an appeal filed by the appellant was ordered to abate on the ground of non substitution of the respondent therein.;