Swami Prasad & Anr vs Lakhan Singh(D) & Ors. Tr.Lrs

The Supreme Court held that in cases where a respondent dies during the pendency of an appeal, and the appeal has been pending for several years without being listed for hearing, a lenient view should be taken regarding applications for condoning delay and setting aside abatement, as established in Perumon Bhagvathy Devaswom vs. Bhargavi Amma, 2008 (8) SCC 321. The Court found that the appellants had no knowledge of the respondent's death and explained the delay in filing the application. Consequently, the Court allowed the appeal, set aside the abatement, and restored the second appeal to the High Court for expeditious disposal.