MC 598/2009 BEFORE HON’BLE MR JUSTICE B.P. KATAKEY Heard Mr. Atia, learned counsel for the applicants. The applicants in Misc. Case No. 598/2009 have prayed for substitution o f Smt. Parvati Devi Agarwalla, the widow of Sawarmal Agarwalla as the legal heir contending inter alia that the sole respondent died on 29.12.2006 about which t he applicants came to know only two weeks back from the date of filing of the ap plication. Misc. Case No. 599/2009 has been filed praying for setting aside the aba tement and Misc. case No. 601/2009 has been filed for condonation of delay in filing the application seeking substitution. The grounds taken in those applications are similar to the averments mad e in Misc. case No. 598/2009 as noticed above. Despite service Smt. Parvati Devi Agarwalla has not entered appearance. Having heard the learned counsel for the applicants and upon considerati on of the averments made in the aforesaid applications, the abatement is set asi de, the delay is condoned and Smt. Parvati Devi Agarwalla is substituted in plac e of the deceased respondent Sawarmal Agarwalla. The applications are accordingly allowed. The Registry is directed to amend the cause title accordingly.