This is an appeal against the order of the Additional District Judge dismissing the application filed by the appellant for setting aside the abatement order. The facts which gave rise to this appeal briefly stated are these: Against the decree of the Munsiff Ramnagar dated 32-3-2009 Achhar filed an appeal in the Court of the District Judge Jammu. The appeal was transferred to the Court of the Additional District Judge Jammu on the 22nd Besakh 2011 and defendant No. 1 was reported to have died and the counsel for the appellant wanted to get his legal representatives brought on the record. The respondents counsel raised an objection that Massu defendant No. 1 had died more than six months ago and the substitution application was not made within time. The appellants counsel submitted that he had no knowledge of the death of Massu defendant and wanted time to take steps to bring the legal representatives on record. No application was made by the appellant for sub-l stitution and the Court ordered on 15-4-2011 that the appeal abated as against all the respondents because the decree was indivisible.

The appellants made an application under O. 22, R. 9 praying for setting aside the order

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