VISHNU DEV Vs. HANS NATH

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records.

(2.) It is admitted fact that sole appellant of Second Appeal no. 1599/1991 had died in 10.10.1994 and its substitution application was filed on 03.02.1998. The application condonation of delay in moving substitution application and for setting aside the abatement of appeal was not moved.

(3.) On date of listing none was present to press the appeal so the Second Appeal no. 1599/ 1991 was dismissed in default of appellant side on 19.09.2011. Its restoration application no. 325637/ 2014 along with delay condonation application no. 325634/ 2014 was moved on 26.09.2011 in this court, which is supported by affidavit of son of deceased appellant.