RATLU SINGH Vs. RAMADHAR SINGH

JUDGEMENT

(1.) Heard on I.A.No. 1/2014 for condonation of delay in filing the application under Order 22, Rule 9 CPC for setting aside the abatement of Second Appeal No. 984/1997.

(2.) On behalf of the applicants it is submitted that vide order dated 2.11.2012 application for substitution of the LRs of the sole appellant and delay in filing such application were allowed subject to payment of cost of Rs. 1,000/- to the respondent within a week. The Court ordered that after payment of cost amendment be carried out within a week. I.A.No. 3 was dismissed.

(3.) On 2.1.2013, as no one represented the appellant and also for non-compliance of the order dated 2.11.2012, the appeal was dismissed. Thereafter, the LRs of the sole appellant/applicant, preferred MCC No. 251 of 2014 for restoration of Second Appeal No. 984/1997, dismissed for want of prosecution vide order dated 2.1.2013. The said application was filed after 400 days of its limitation. On 15.4.2014, it was ordered that the applicants were required to file application for setting aside the abatement before the regular Bench and the MCC was dismissed. After the order passed in MCC No. 251/2014 dated 15.4.2014 instant MCC to allow the application under Order 22, Rule 9 CPC for setting aside the abatement of Second Appeal has been preferred.