PERUMON BHAGVATHY DEVASWOM PERINADU VILL vs BHARGAVI AMMA (D) THR. LRS.

The Supreme Court examined the dismissal of applications to set aside the abatement of a second appeal due to the death of a respondent, focusing on the provisions of Order 22 CPC. The Court held that the High Court erred in not condoning the delay of 394 days in filing the application, as the delay was satisfactorily explained by the appellant, a Devoswom managed by a newly elected committee unaware of the appeal's pendency. The Court emphasized that under Order 22 Rule 4 CPC, the appeal should not abate if the right to sue survives, and directed the High Court to reconsider the applications.