CHHEDAN PRASAD SHARMA Vs. SMT. MAYA TIWARI

JUDGEMENT

(1.) Learned counsel for the appellants would submit that during pendency of this appeal, respondent No. 1- Smt. Maya Tiwari has expired on 28/9/2018, therefore, he has filed I.A. No. 11/2020, application under Sec. 5 of the Limitation Act, 1963 for condonation of delay in filing the application for setting aside the abatement.

(2.) On due consideration and for the reasons mentioned in the application, the same is allowed.

(3.) Learned counsel for the appellants would further submit that upon knowing the fact that during pendency of this appeal, respondent No. 1- Smt. Maya Tiwari has expired on 28/9/2018, the counsel has directed the appellants to furnish the details of legal representatives of deceased respondent No. 1, therefore, he has filed I.A. No. 10/2020, application under Order 22 Rule 9 of CPC for setting aside abetment of respondent No. 1.