Code of Civil Procedure, 1908–Order 22, Rule 1–Application filed by appellant for condoning the delay and to set aside the abatement was allowed by the Trial Court–High Court quashed the order and restored the earlier order by which M was ordered to be substituted as legal representative on the strength of registered Will dated 19-5-1999, executed by the plaintiff U–Justification–U had instituted the suit for cancellation of sale deed, executed by MS in favour of defendant nos. 4 to 32–After her demise, M filed the application for his substitution on the basis of legatee under the Will dated 19-05-1999 –Order of allowing of his application was set aside in revision and appellant was granted liberty to file an impleadment application–Thereafter, his application was allowed by the trial Court–In the revision filed against the order, M stated that he is not intended to press the application filed by appellant for his impleadment–Held, High Court should have sustained the order passed by the trial Court because the affidavits filed by the appellant do not even remotedly suggest that M was the legal heir of plaintiff U–Impugned order passed by the High Court is liable to be set aside.
