( 1 ) THIS order shall dispose of on application under order 22 Rules 9 and 10 read with Section 151 of the Code of Civil Procedure, 1908 and Section 5 of the Limitation Act filed by the applicant Amarjit Singh with a prayer to set aside the abatement, condone the delay if any, in the filing of the application and substitute the applicant in place of the deceased plaintiff in Suit No. 1021/94.

( 2 ) THE facts relevant for the disposal of this application, briefly stated, are that the deceased plaintiff Smt. Sheela Wanti was the mother of the applicant Amarjit Singh and respondents-defendants kuldeep Singh and Gurbachan Singh. She filed a suit for possession against the defendants alleging that the defendants were in unauthorised occupation of the first and second floor portions of property No. E-216, New rajinder Nagar, New Delhi and were not vacating the said portions inspite of requests and notice. The plaintiff died n 9. 1. 1999. On 21. 1. 1999 her counsel informed the court that the plaintiff had died and sought adjournment for seeking necessary instructions in the matter. On 20. 7. 1999 the learned Counsel for the defendants pointed out that the suit had abated as