3 S.B. CIVIL FIRST APPEAL NO.30/1989 Date of Order :: 23rd October 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.Manish Shishodia, for the applicants. .... Though nobody has chosen to appear for the respondents despite the matter having been called out thrice over but then, upon consideration of the application (IA No.6731/2008) as moved under Order XXII Rule 3 of the Code of Civil Procedure with the prayer for substitution of the legal representatives of the deceased sole appellant Baxi Ram, it is noticed from the averments made in the said application that the sole appellant expired on 31.01.2008 whereas the application was moved only on 28.05.2008; obviously beyond the period of 90 days from the date of demise. The prayer has been made only for substitution of the named legal representatives as appellants. Neither any application has been moved for setting aside of abatement nor even a prayer to that effect has been made in the said application. The abatement of appeal being automatic, neither the application (IA No. 6731/2008) moved merely for substitution could be granted nor there appears any justification to adjourn the matter, as prayed. The appeal having abated, be consigned to record as such. (DINESH MAHESHWARI), J. s.soni