- (1.) Heard learned counsel for the parties and perused the records.
(2.) This Second Appeal No. 270/1990 was preferred by two appellants namely, Sanjai Singh and Santosh Singh, against three respondents namely Girja Shanker Upadhyaya, Sohan and Mohan. Admittedly, two appellants and the respondent no.-1 Sohan are real brothers. All the parties of this appeal are resident of same village Mathpur, Pargana Karanda, District Ghazipur.
(3.) It is also admitted fact that respondent no.-1 Girja Shanker Upadhyay had died on 3.3.2006 and was not substituted. Since no substitution application was preferred within period of limitation, therefore the appeal against him had automatically been abated. So the respondent side had moved Abatement Application No. 360049/2014. Appellant side had moved Substitution Application No.-18669/2016 on 19.1.2016. Same day, appellants have moved Delay Condonation Application No.-18665/2016 for condoning the delay in filing substitution application, and also the Application No.-18669/2016 for setting aside the abatement of appeal against respondent no.-1.;