MARIAMBAI Vs. CHHUTTAN @ CHHOTEKHAN

JUDGEMENT

(1.) Heard on IA No.8123/2015 and also merits of the MCC.

(2.) This MCC is for restoration of the S.A. No.282/2000 as also for setting aside the abatement since the second appeal by order dated 30.09.2013 has been dismissed as abated. IA No.8123/2015 is for condonation of delay.

(3.) Learned counsel for the applicant submits that the applicant No.2 is the original appellant No.2 and the applicant No.1 is the LR of the appellant No.1 and they were prevented from filing the application for substitution of the LRs of the appellant No.1 as well as the respondent No.1 within time in the second appeal on account of bona - fide reasons. He further submits that this Court had found merits in the appeal and therefore, admitted it and if it is dismissed then serious injury will be caused to the applicant.