RAM SHIROMANI SINGH Vs. SITA RAM

JUDGEMENT

(1.) The facts are : This second appeal by Ram Shiromani Singh and Ram Adhar. While appeal lay death of certain persons as below. Respondent Sita Ram dies on 20-11-1990. According to respondent he dies on 20-9-1986. On which date really is inconsequential because bis legal heirs are respondents 2 to 7, brother's sons, already on record. The application of substitution moved on 18-3-1997 is hereby allowed. The name of deceased Sita Ram be deleted from the array of parties.

(2.) Also respondent Lalta Prasad Singh dies on 3-8-1995. Substitution application has been moved on 21-8-1995. The application is within time. Substitution is allowed. The memorandum of second appeal be corrected accordingly.

(3.) The case of death of Ram Nihore, appellant No. 2, requires careful consideration. He dies on 22-6-1989. The substitution has been moved on 18-3-1997. Whether to condone the delay for reasons apprehended in the motion under Sec. 5 Indian Limitation Act. Also a request is to set aside the abatement occured due to lapse of considerable time. What are the reasons given It has been stated in the application that after filing appeal on 13-6-1986 no intimation was sent to their Advocate. Also the appeal was dismissed in default of appearance by order dated 16-12-1987. This dismissal has been set aside on restoration by the order dated 16-12-1996. That appellant Ram Nihore lived for away he could not move substitution within time. The reasons are denounced by Samarjeet Singh in his counter-application. It is alleged appeal has abated by reason of lapse of limitation for over 7 years. This needs deliberation.