JUDGMENT

Dr. ARIJIT PASAYAT, J. — 1. Leave granted.

2. Challenge in this appeal is to the order passed by a learned Single Judge of the Gauhati High Court, dismissing the applications for condonation of delay, setting aside of abatement and substitution of the heirs of the respondent nos. 13 and 24 in the Second Appeal no.80/1986. It was held that the appeal had abated and the judgment and order dated 18.5.1995 passed by the High Court in Second Appeal no.80/1986 was a nullity and, therefore, application under Section 152 of the Code of Civil Procedure, 1908 (in short the 'CPC') was not maintainable.

3. Background facts in a nutshell are as follows:

Predecessors-in-interest of the appellant filed suit TS no.26/1978 in the Court of Assistant District Judge No.1, Gauhati. The said suit, inter alia, was for recovery of possession, confirmation of possession and declaration of title over the suit properties and for cancellation of mutation of names of certain defendants. According to the appellant, the said suit specifically set out the cause of action against each defendant and the prayers in the suit were also specifically directed against the defendants in respect of the alleged h