THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.4384 of 2009 ORDER: The sole appellant in A.S.No.31 of 1998 on the file of the Additional Senior Civil Judge (Fast Track Court), Kovvur, died, on 16.03.2008. His son, the 2nd petitioner herein, filed I.A.No.218 of 2008, under Order XXII Rule 4 C.P.C., with a comprehensive prayer to condone the delay in filing the application to set aside the abatement and to implead himself, as legal representative of the deceased. The application was opposed by the 1st respondent. Through its order, dated 21.07.2009, the lower Appellate Court dismissed the I.A. Hence, this C.R.P. Heard Sri P. Satyanarayana, learned counsel for the petitioner. On the face of it, the application filed by the petitioner was untenable. The sole appellant died way back in the year 2008. That resulted in abatement of the appeal. In case the legal representatives wanted to pursue the proceedings, the first and foremost step to be taken by them was to file an application to set aside the abatement and for condonation of delay in presenting the same. It is only after the delay condoned and the abatement is set aside that the occasion, to bring the legal representatives of the deceased on record, would arise. This being the basic requirement under law, the petitioner filed an application, which does not fit into any of the relevant provisions. The lower Appellate Court took correct view of the matter and this Court is not inclined to interfere with the order under revision. The C.R.P. is accordingly dismissed. It is, however, made clear that it shall be open to the petitioner to take necessary steps in the appeal, by filing applications, as provided for under law. The lower Appellate Court shall consider such applications, on their own merits, as and when presented by the petitioner. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J. Dated:24.09.2009. Note: Furnish C.C. in one week. (B/o) GJ