1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Second Appeal No. 431 of 2006 Manohar Rambhau Wazalwar Vs. Subhash Amrutwar Wazalwar Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri S. P. Kshirsagar, Adv. for appellant. CORAM: C. L. PANGARKAR J. Dated: 3 rd December, 2008. Heard counsel for the appellant. These applications for substitution of legal representatives of respondent No.16, for setting aside abatement and delay condonation have been filed by the appellant. The suit is one for partition and separate possession. It is necessary in every suit for partition that all heirs should be before the Court in view of the fact that there are other heirs of 2 the deceased on record and the appellant was not in the know of the death of respondent no.16. Since the sole respondent had expired and legal representatives are not on record, there is a delay in preferring the application. For the reasons stated in the application the delay stands condoned, abatement stands set aside and legal representatives be brought on record. JUDGE svk