ORDER :

1. Heard the learned counsel for both the parties.

2. The petitioners herein filed a second appeal which was delayed by 23 days and therefore an application under Section 5 of the Limitation Act has been filed for condonation of delay, which has been registered as IA (Civil) No. 2963 of 2017. During the pendency of this petition and the second appeal, the appellant died and that the legal heirs of the appellant have filed an application for substitution in the aforesaid application for condonation of delay. The petitioners also filed application for condonation of delay under Section 5 of the Limitation Act and application for setting aside the abatement as in the meantime the matter stood abetted because of non-substitution of the legal heirs of the appellant in time.

3. The reasons for condonation of delay and also setting aside the abatement appear to be identical as narrated in both the petitions.

4. The learned counsel for the petitioners/ legal heirs of the appellant submits that basically due to lack of communication, the petitioners could not file petition in time in spite of due diligence and best endeavour to contract the respective parties. The written objection has