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Kishan Lal & Others v. Smt. Ram Rati - SECOND APPEAL No. 2819 of 1986 [2006] RD-AH 1105 (17 January 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Umeshwar Pandey, J.

Heard learned counsel for the parties.

The appellant Nos. 1 and 2 and the sole respondent are said to have died. The appellant No. 1 died in the year 1995 whereas the appellant No. 2 died on 24.4.2000. The sole respondent is said to have died on 14.11.1996.

Three separate applications have been moved with prayer for condonation of delay in moving the substitution application and also for setting aside the abatement of the appeal. The applications are supported with affidavits wherein it has been averred that the heirs of appellant Nos. 1 and 2 after the death of their father did not know the legal intricacies of the substitution, thus, could not contact their counsel. They also did not received any notice or letter from their counsel, who had also meanwhile expired.

Therefore, in view of the facts and circumstances, it would be just and proper to condone the delay in moving the substitution application after setting aside the abatement of appeal  accordingly. All the application No. 52910 of 2001, 52911 of 2001, 52912 of 2001 and 52913 of 2001 are hereby allowed.

The application No. 81165 of 1999 moved from the side of the heirs of the respondent for abatement of the appeal is hereby dismissed.

The substitution, as prayed for, be recorded by the office within one week.

The appeal be listed for hearing in the first week of March, 2006 after obtaining the original record from the court below.




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