Pratap Kr. Ray, J. - (1.) Heard the learned Advocates appearing for the parties.
(2.) This is an application for substitution of the legal heirs after setting aside the abatement on condoning the delay. In one application the two prayers have been made, one is condonation of delay in preferring the application for setting aside the abatement and another praying setting aside of the abatement so that the civil order could be in order for hearing.
(3.) The application for setting aside of the abatement has been filed under the provision of law as laid down in the Civil Procedure Code to set aside the order of abatement which takes its effect automatically after the lapse of statutory period of 90 days from the date of death. Whereas the application praying for condonation of delay to prefer the application for setting aside the abatement is within the domain of Limitation Act providing statutory ground for condonation of delay which normally is filed under section 5 of the Limitation Act. Hence, the application for condonation of delay is under a separate statute of the Limitation Act. The two statutory provisions accordingly provide filing of different applications. In that view, there is no scope to file a combined application praying for setting aside of abatement on condonation of delay.;