3] The applications vide exhibit nos. 8, 9 & 10 have been decided by common order dated 08-12-2015 by the District Magistrate-10, Nagpur. These applications were in relation to the setting aside abatement, condonation of delay for setting aside abatement for bringing the heirs of the deceased respondent filed by the appellant. In fact, the admitted position is that, there is no need for filing any application in relation to setting aside abatement of the appeal. The impugned decree was passed on 21st April, 2006 and thereafter on 3rd January, 2009, the original defendant or the original respondent expired. But, the appeal was filed in the year 2013. It was filed against a dead person and as such there could not have been any abatement of the appeal in this case. But, such abatement was presumed by the appellant and accordingly the application for condonation of delay occurred in filing an appeal. The applications for setting aside the abatement of the appeal and application for condonation of delay in filing the appeal for bringing on record the legal heirs of the deceased vide exhibit nos. 8, 9 & 10 were filed. Since these applications were based upon the presumption that the appeal had abated against the original defendant, the applications were not maintainable. However, the impugned order rejecting these applications does not consider this aspect of the case and it seems that the learned District Judge
