JUDGMENT:- Special leave granted.

2. Respondent No. 7, Diwakar Gaikwad in Second Appeal No. 297 of 1973 on the file of the High Court of Madhya Pradesh, Jabalpur died. The appellant (herein) came to know about his death when on the death of respondent No. 1 Prabhudayal Gulhare, he went in search for ascertaining the names of the legal representatives of the deceased respondent No. 1. An application under O. XXII, R. 9, sub-rule (3) was filed for setting aside the abatement, if any, after condoning the delay and permitting substitution. The High Court was not satisfied with the reasons assigned for the delay in filing the application. While opposing the application for condoning the delay and bringing on record the legal representatives the respondent contended that deceased respondent No. 1 was a prominent citizen of Bilaspur and his death was reported in the newspapers and as the appellant was frequently visiting Bilaspur and he has a large number of relatives, he must be presumed to have come to know about the death of respondent No. 1 and if this knowledge can be imputed, the appellant has failed to show that he was prevented by sufficient cause from moving the application for su