JUDGMENT 1. Suit for eviction filed against the appellants was decreed by the trial court. The appellants filed appeal in this court against the said judgment and decree. The appeal was dismissed by the learned Single Judge on the ground that it had abated. This appeal is directed against the said decision of the learned Single Judge. 2. Briefly stated the facts relevant for the present purposes are that the sole respondent died on 31st July, 1998. The application under Order 22 Rule 10A of the CPC was filed by the counsel for respondent on 27th August, 1998. The appellants filed an application on 13.11.1998 for bringing on record the Legal Representatives of the deceased respondent which was within 90 days from the date of filing of the application by the counsel for the respondent under Order 22 Rule 10A of the CPC. 3. The learned counsel for the respondents argued that the application dated 13.11.1998 moved by the appellants was only an application for bringing Legal Representatives of the deceased respondent on record and no application for setting aside the abatement had been filed. According to the learned counsel, the appeal had already abated by that time and without an application for setting aside abatement, no relief could be granted. 4. In the facts and circumstances of the case, we are inclined to treat the application of the appellant dated 13.11.1998 both as an application for bringing Legal Representatives of deceased respondent on record and for setting aside abatement of the appeal. In such matters the dictum of the Supreme Court is that we have to take a liberal view and appeals should not be disposed of on such technicalities. 5. This appeal is accordingly allowed. The judgment of the learned Single Judge is set aside. The application dated 13.11.1998 is allowed and the Legal Representatives of deceased respondent are ordered to be taken on record. The matter is remanded back for decision on merits of the appeal.Appeal allowed - Order of Single Judge Set Aside. *******