RAMNARAYAN Vs. RAMKUMARI

JUDGEMENT

(1.) RATANLAL brought an action against Smt. Ramkumari and others for declaration of title. possession and for permanent injunction. The suit property involved an area admeasuring 42'Xll 1/2'. The suit was decreed by the judgment and decree dated 4 -9 -1971 against which an appeal was filed by one Battulal son of Deobaux which was registered as Civil Appeal No. 57 -A/71; the number was subsequently changed to Civil Appeal No. 35 -A/79. Battulal died in the month of August, 1978 during the pen -dency of the appeal. Therefore an application was made on behalf of the appellant Ramnarayan son of Battulal (who was Respondent No. 7) in Civil Appeal No. 35 -A/79for being transposed in the arrary of appellant as after his father's death he was the aggrieved party. This application appears to have been kept in abeyance and for want of prosecution the appeal was dismissed on 28 -1 -1981.

(2.) RAMNARAYAN son of Battulal filed an application for restoration of the appeal to the file. He stated therein that after the death of his father he met with an accident for which he had to remain in hospital as indoor patient and as soon as he recouped from the alleged illness, he filed the application immediately.

(3.) THE only point requiring decision in this appeal is: Whether the respondent Ramnarayan can file the application for restoration of the appeal?