CMPMO No. 705 of 2009 22.03.2010 Present: Mr. Y. P. Sood, Advocate, for the petitioners. Mr. Satyen Vaidya, Advocate, for the respondents. CMPMO No. 705 of 2009 With the consent of the parties the following order is passed. The impugned order dated 17.11.2009 is set aside for the reason that no sufficient opportunity was afforded to the parties to lead evidence after framing of the issues on the question of showing sufficient cause for setting aside the abatement as also the condonation of delay. Record reveals that neither the issues were framed nor the parties were called upon to lead evidence. As such the impugned order dated 17.11.2009 is set aside with a direction that the Court below, after framing issue (s) shall afford sufficient opportunity to the parties to lead evidence. The question of abatement of the suit only qua the deceased defendant or in its entirety shall also be considered by the trial Court. The parties shall appear before the trial Court on 30.4.2010. Record be immediately sent back. CMP No. 1104 of 2009 Application also disposed of. (Sanjay Karol), Judge. March 22, 2010 (PK)