Barin Ghosh, J.

1. The present appeal was preferred in the year 1995. The brother of the appellant, namely, the sole private-respondent died in the year 1996. After a long delay, a defective application was filed for recording the death of the sole private-respondent and for bringing on record his heirs and legal representatives. Subsequent thereto an application was filed seeking setting aside of abatement as well as condonation of delay.

2. Although the reasons given for the dealy in filing the application for setting aside of abatement and substitution are not convincing, but having regard to the fact that family disputes must be resolved finally, we condone the delay in filing the application for setting aside abatement and for substitution and accordingly record the death of the sole private-respondent and bring on record his heirs and legal representatives as particularised in the application.

3. It appears that in 1953 a partition took place in between two brothers. According to the younger brother, namely, the original private-respondent in the appeal, both the brothers got half and half share in the joint family properties. It appears to be the contention of the ap