Order 9 rule 4

What are the facts? What is the context?

Suit belonging to trust property dismissed for default and restoration application filed after limitation period by legal heirs . The last surviving plaintiff died before dismissal order without substituting legal heirs. Require judgement that no limitation bar in case of trust in respect of restoration of suit dismissed for default.

Order 9, Rule 4 enacts that where a suit is dismissed under Rule 2 or Rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit; or he may apply for an order to set the dismissal aside and if he satisfies the Court that there was sufficient cause for his not paying the Court fee and postal charges.

under the given circumstances, the LRs of the deceased plaintiff can file a petition to impleade them as Lrs and continue the case on behalf of the deceased plaintiff and also file a petition to restore the cse by setting aside the decision of dismiss for default.

If the court is insisting about the petition to set aside the abatement and for condoning the delay to set aside the abatement then he can file a petition under section 5 of the limitation act to condone the delay 

Facts of the case are sufficient to get the suit re-instituted subject to limitation, if the suit has been dismissed under Rule 2 or 3 of Order IX CPC. 

The judgement sought will help to restore the suit by legal heirs at the time of hearing  . Restoration application filed after 1 year alongwith prayer 1) condonation of delay 2) set aside of abatement 2)  leave to file substitution petition

The reliefs sought now are:

1. condone delay for filing set aside abatement petition;

2. set aside abatement

3. leave to file substitution petition-

All the above are as per the position and provision of law hence on the basis of the convincing reasons or arguments  on the delay condone petition, the condone delay petition if allowed, the other petitions will be allowed autmatically 

Therefore you do not require any judgment to this now.