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Judgment
Goutam Bhaduri, J
The present petition is against the order dated 23.04.2018, wherein an application filed in an appeal under Order 22 Rule 3 was dismissed.
Learned counsel for the petitioners submits that initially one suit was filed by Firtu Ram, which was decreed in the month of March 2016. Thereafter, the appeal was preferred on 28.03.2016 and during the pendency of the appeal, Firtu Ram died on 20.10.2016 and thereafter on 18.05.2017 an application under Order 22 Rule 3 CPC was filed, which was dismissed. He further submits that simply because the application for condonation of delay under Section 5 of the limitation Act was not attached, the application could not be dismissed.
The entire submission made by learned counsel for petitioners is misconceived. The abatement is automatic, the moment the statutory time expires to bring the legal heirs the proceedings abates. To set aside the abatement, the petitioner, if so advised, may file suitable application before the competent Court, wherein the appeal is pending.
The petition has no merits. It is accordingly dismissed.