S. NAINAR SUNDARAM, J.

( 1 ) THIS Letters Patent Appeal is by the legal representative of the original respondent in Civil Revision application No. 1014 of 1988. The Civil Revision Application is one preferred against the judgment and decree passed by the District Court at baroda, confirming in Regular Civil Appeal No. 282 of 1982, the judgment and decree of the First Court in Rent Suit No. 1078 of 1986 instituted by the original respondent in the Civil Revision Application for eviction of the applicant in the Civil Revision Application, The respondent in this letters Patent Appeal is the applicant in the Civil Revision Application. The original respondent in the Civil Revision Application passed away on 5-2-1991. According to Mr. Mohit S. Shah, learned Counsel for the appellant, the Civil Revision Application stood abated on 7-5-1991 and the time for setting aside the abatement also expired on 6-7-1991. The appellant, on 19-9-1992, preferred Miscellaneous Civil Application No. 1575 of 1992, praying that a writ may be sent to the District Court, Baroda and the small Causes Court, Baroda, stating that the Civil Revision Application No. 1014 of 1988 has abated in May, 1991 and the int

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