1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Miscellaneous Application No.159 of 2009 IN S.B. Civil First Appeal No.313 of 1997 Kishan Dutt Sharma son of Shri Ramsewak Sharma VERSUS Rajendra Prasad son of Shri Buddhi Lal and Others Date of Order :::: 05/02/2010. Hon'ble Mr. Justice Dalip Singh Mr. Mukesh Verma, Counsel for the appellant. *** By the Court : This application has been filed by the applicant- appellant–Kishandutt Sharma for setting aside the order of abatement passed by this Court on 27.08.2007 dismissing the regular first appeal bearing No.313/1997 as having abated. As would be evident from the order dated 27.08.2007, wherein it had been recorded that the Process- server reported on 29.10.2006 that the respondent No.4 had died in the year 2004. This fact was brought to the notice of the appellant and the time was granted to take necessary steps in that behalf, despite several opportunities, no steps had been taken 2 to carry out substitution of the legal representatives. The matter was listed in the Court from the default side on 27.08.2007 on which date the Court taking a note of the fact regarding the abatement of the appeal on account of the death of the respondent No.4 dismissed the appeal as having abated. However, opportunity was granted for moving an application for setting aside the abatement and getting the appeal restored. The appellant has been most careless and moved an application for setting aside the abatement only on 01.08.2009 after nearly two-years of the order of dismissal of the appeal as having abated being passed on 27.08.2007. No sufficient cause has been made out as to why the application was not submitted within time nor the delay since 2004 has been explained. In the facts and circumstances, no case for setting aside the abatement is made out. This miscellaneous application is accordingly dismissed. In view of the above order, the applications bearing Nos.16474, 20469 and 20468 are accordingly dismissed. (Dalip Singh), J. Ashok/