1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10537 OF 2008 WITH CIVIL APPLICATION NO. 10538 OF 2008 IN SECOND APPEAL NO. 55 OF 1989 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. V.D.Hon, Advocate for applicant. Mr.C.K.Shinde, Advocate for Resp.no.2-A to 2-D ............................ CORAM : S.V. GANGAPURWALA, J. DATE: 23/08/2010 PER COURT : 1. Civil Application NO. 10537 of 2008 is for recalling the order dated 16/9/2008 passed by this Court abating the Appeal on account of the death of respondent no. 1 and the legal representatives being not brought on record. The appellant has filed this application on 30/9/2008. It is seen that the respondents’ counsel had not filed any pursis or precipe intimating the factum of death of respondent no. 1 as is required under the provisions of Order XX Rule 10-A of the Code of Civil Procedure. The limitation would start running 2 after filing of the said pursis. 2. In light of the same and also in light of the fact that setting aside abatement has to be liberally construed. Both the Civil Applications are allowed. The legal representatives of respondent no. 1 are allowed to be brought on record. The Order dated 16/9/2008 passed in Second Appeal No. 55 of 1989 is recalled and the Second Appeal No. 55 of 1989 is restored to its original positition. The amendment to be carried out within 14 days from today. [ S.V. GANGAPURWALA ] JUDGE knp/ CA 10537,10538.08 in SA 55.89