Prashant Kumar Agarwal, J.

1. This order will dispose of application under Order 22 Rule 4 read with Rule 9 read with Section 151 CPC filed by the applicant-appellant with a prayer to set aside the order of abatement dated 6.3.2012 passed by this Court in S.B. Civil First Appeal No. 421/2009 and also application under Section 5 of the Limitation Act with prayer to condone the delay caused in filing the aforesaid application.

2. Brief relevant facts for the disposal of these applications are that Civil Suit No. 209/2007 filed by the plaintiff-appellant for specific performance of agreement to sell was dismissed by Additional District Judge (Fast Track) Tijara (District Alwar) vide judgment and decree dated 7.7.2009 which was challenged by the appellant by way of Civil First Appeal No. 421/2009 and the said appeal was admitted by this Court vide order dated 22.7.2009 and notice was ordered to be issued to respondent-defendant. The notice sent for service upon the respondent was received back with a report by the process server that the respondent has died a month ago and a note of aforesaid fact was recorded by the office vide order-sheet dated 11.11.2009 and learned counsel for