1. A. No. 2265/2001 has come up on rejection of the prayer on behalf of the appellants for modification of the order dated 24.7.2001 passed by the Joint Registrar granting three weeks final time to serve a copy of the petition at Flag Q on the other side and also to file limitation petition for substitution petition at Flag Q.

2. It appears that in pursuance to the order of the Joint Registrar limitation petition was filed and the matter was contested before the Registrar (General) by the learned counsel for the appellants. According to him, there is no requirement to file a petition under section 5 of the Limitation Act for condonation of delay in filing of the petition at Flag Q as the same was filed under Order XXII Rule 9 C.PC. Learned counsel for the appellants has submitted that under Clause (2) of Order XXII Rule 9 C.P.C. the plaintiff or the person claiming to be the legal representative of a deceased plaintiff or the assignee or the receiver in the case of an insolvent plaintiff may apply for an order to set aside the abatement or dismissal; and if it is proved that he was prevented by any sufficient cause from continuing the suit, the Court shall set aside the aba