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AIR 2015 HYDERABAD 154 ::(2015) 4 CurCC 57
Hyderabad High Court
Hon'ble Judge(s): M. S. Ramachandra Rao , J

(A) Civil P.C. (5 of 1908) , O.22 R.3, O.22 R.10A— Limitation Act (36 of 1963) , S.5— Death of plaintiff - Application for bringing his LR's on record filed by defendant within 30 days from date of knowledge of death -Not barred by limitation - Limitation cannot be counted from date of death of plaintiff. (Para 16) (B) Civil P.C. (5 of 1908) , O.22 R.3— Limitation Act (36 of 1963) , S.5— Death of plaintiff - Application for bringing his legal heirs on record - Relief of setting aside of abatement is implied - No need to file separate application for setting aside abatement or to condone delay in filing application. 1998 (2) Andh D 586, Not Followed. (Para 18)

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