IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA th ON THE 24 OF JULY, 2025 SECOND APPEAL No. 340 of 2016 GOVIND SINGH MOGIYA Versus RAKESH KUMAR Appearance:

Shri Rohit Bansal, Advocate for appellant. Shri Rajiv Jain, Advocate for respondent.

ORDER I.A. No.408/2018 is an application under Order 22 Rule 10, CPC, thereby informing the death of respondent Rakesh Kumar. This application was filed on 22/01/2018. It is mentioned in the application that Rakesh Kumar has already expired on 22/08/2017.

2. Thereafter, I.A. No.3434/2018 was filed on 24/07/2018 under Order

22 Rules 4,11 of CPC for substitution of legal representatives of Rakesh Kumar.

3. I.A. No.3435/2018 has been filed under Order 22 Rule 9, CPC read with S.5 of the Limitation Act for condonation of delay in filing an application for setting aside abatement, as well as, for setting aside abatement. This application reads as under:-

"APPLICATION UNDER ORDER 22 RULE 9 C.P.C. AND SECTION 5 OF THE LIMITATION ACT May it please this Hon'ble Court The humble appellant most humbly and respectfully submits the Signature Not Verified Signed by: ANAND application as under :-

1. That, as has been inform