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PETITIONER: RAMA RAVALU GAVADE

       Vs.

RESPONDENT: SATABA GAVADU GAVADE (DEAD) THROUGH LRS. & ANR.

DATE OF JUDGMENT:       18/11/1996

BENCH: K. RAMASWAMY, G.B. PATTANAIK

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Delay condoned.      Leave granted.      We have heard learned counsel on both sides.      This appeal  by special  leave arises from the judgment of the  High Court  of Bombay,  made  on  December  8,  1994 dismissing the Civil Revision No.632/91.      The  admitted   position  is  that  the  uncle  of  the petitioner died  pending Regular  Civil Suit No.51/65 in the Court of the Civil Judge, Senior Division Chandgad. Since he died pending  appeal, it  was dismissed on August 4, 1967 as having abated.  In Civil  Revision No. 632/91 by order dated December 8,  1994, the  High Court  dismissed as  no  proper explanation for  condoning the  delay was  given. Thus, this appeal by special leave.      In view of the fact that the appellant is an illiterate farmer, the  appropriate steps should have been taken by the counsel for  the appellant  on proper advice. In view of the fact that the counsel has not properly advised the appellant to take  necessary steps,  delay had  occasioned.  The  High Court, therefore,  was not  right in refusing to condone the delay. It  is brought  to our notice that no application has been filed  for setting  aside the  abatement and the appeal also stands  abated. In  view of the fact that the delay now stands condoned the abatement also stands set aside.      The appeal  is accordingly allowed. The appellate Court is directed  to dispose  of the  appeal on  merits within  a period of  six months  from the  date of the receipts of the order. No costs.