(1.) This appeal by the plaintiffs is directed against the judgment and decree dated 20-1-1981 passed by the 7th Addl. City Civil Judge, Bangalore in R.A No 340/80 on his file, dismissing the appeal of the plaintiffs on confirming the judgment and decree dated 28.10.78 passed by the Prl. Munsiff, Bangalore, refusing to set aside the abatement and dismissing the suit of the plaintiffs.
(2.) Plaintiffs instituted a suit for declaration that the plaintiffs were entitled to passage as of right in the suit land and for permanent injunction against the defendant from obstructing the use of the path by them During the pendenry of the suit the defendant died on 3.9.77 and applications were instituted by the second plaintiff to set aside the abatement order and to bring the legal heirs of the defendant on record on 7-1-78. The trial Court held that the reason shown was not sufficient either to set aside the aba tement or to bring the legal heirs of the defendant on record and in that view the trial Court dismissed the applications and consequently tho suit On appeal to the first appellate Court the judgment and decree of the trial Court were confirmed. Aggrieved by the same, the plaintiffs have instituted the present second appeal before this Court.
(3.) The learned Advocate appearing for the appellants strenuously urged before me that the courts below were not justifed in dismissing the suit after dismissing the applications for setting aside the abatement and after rejecting the application for bringing the legal heirs of the defendant on record. He submitted that the courts below did not appreciate that the application for setting aside the abatement was instituted within time and sufficient cause was shown to condone the delay to bring the legal heirs of the defendant on record.