In matters where a respondent's Legal Representative wishes to bring himself on the record, he ought to apply by petition under O. 22, R. 4, Civil Procedure Code.
But he need not apply for setting aside the abatement for it is the appellant's appeal that abates against him. When he is willing to come in after time, he is obliging the appellant and is not seeking a favour at the hands of the Court.
The petition is ordered; and the abatement of the appeal set aside.
N. R. R.Petition allowed.