-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1577 OF 2007 APPLICATION NO.1577 OF 2007 APPLICATION NO.1577 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.2285 OF 2007 APPEAL NO.2285 OF 2007 APPEAL NO.2285 OF 2007 Smt.Ramdulari w/f Sitlaprasad Tiwari and others ...Applicants vs. Ram Prasad B. Tiwari (since deceased through L.R.)& Anr ...Respondents Mr.S.P.Kanuga for the Applicants Mr.N.V.Gangal for Respondent No.1c(a) to 1c(d). CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 28, 2008. : MARCH 28, 2008. : MARCH 28, 2008. P.C.: P.C.: P.C.: 1. Heard Advocates for the parties. Shri Gangal appearing for the Respondent No.1c-a pointed out that the Respondent 1-c in the Appeal was not a party to the suit as the chamber summons taken out by the Applicant for impleading him as a party was rejected. Shri Kanuga has invited my attention to the order passed on 15th January 2004 in Appeal from Order No.874 of 2003 which shows that the said Chamber Summons was allowed. Apart from this fact, in the cause title of the certified copy of the Judgment, name of the Respondent No.1-c very much appears. 2. In view of the averments made in the application, sufficient cause is made out for condonation of delay and for setting aside abatement. Application is allowed in terms of prayer clauses (b) and (c). The Appeal shall be placed for admission on 21st April 2008. -2- JUDGE JUDGE JUDGE