In Brief
Two long-pending suits for specific performance of property sales were filed in 1972-73. During the pendency of second appeals before the High Court, the original defendants died without substitution of their heirs. Years later, the heirs filed applications seeking substitution and condonation of delay. The High Court dismissed these applications, requiring a separate application to set aside abatement. The Supreme Court held that an application for substitution of legal heirs inherently encompasses the prayer for setting aside abatement, even if not explicitly stated. The Court emphasized a justice-oriented approach and set aside the High Court's orders, restoring the second appeals for merit-based hearing, directing expedited disposal within six months.
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