ORDER : 1. Heard the learned counsel for both the parties. 2. The petitioners herein filed a second appeal which was delayed by 23 days and therefore an application under Section 5 of the Limitation Act has been filed for condonation of delay, which has been registered as IA (Civil) No. 2963 of 2017. During the pendency of this petition and the second appeal, the appellant died and that the legal heirs of the appellant have filed an application for substitution in the aforesaid application for condonation of delay. The petitioners also filed application for condonation of delay under Section 5 of the Limitation Act and application for setting aside the abatement as in the meantime the matter stood abetted because of non-substitution of the legal heirs of the appellant in time. 3. The reasons for condonation of delay and also setting aside the abatement appear to be identical as narrated in both the petitions. 4. The learned counsel for the petitioners/ legal heirs of the appellant submits that basically due to lack of communication, the petitioners could not file petition in time in spite of due diligence and best endeavour to contract the respective parties. The written objection has been filed by the learned counsel for the respondents who stated that the delay has not been properly explained and there was negligence on the part of the petitioners in filing the applications for condonation of delay as well as for setting aside the abatement. 5. I have considered the submissions of the learned counsel for both the parties and also perused the causes attributed to the delay. Having heard the learned counsel for both the sides and having considered the causes of delay as stated in the petitions, I am of the view, that the delay deserves to be condoned inasmuch, the reasons shown by the petitioners can be construed as the sufficient grounds in the background of the facts and circumstances of the present case. Therefore, the petitions for condonation of delay and setting aside the abatement are allowed. Upon allowing the above petitions, the prayer for substitution of the legal heirs of the appellant also stands allowed. 6. Accordingly all the three petitions are allowed. Therefore, the petitions for condonation of delay and setting aside the abatement are allowed. Upon allowing the above petitions, the prayer for substitution of the legal heirs of the appellant also stands allowed. 6. Accordingly all the three petitions are allowed. Office to make necessary correction in the cause title of I.A (Civil) No. 2963 of 2017 bringing on record the names of the legal heirs of the appellant as mentioned in application for substitution. 7. All these three petitions stand disposed of.