GURDEI Vs. MOHAN LAL

JUDGEMENT

(1.) The applicants have preferred the application under Order 22 Rule 4 CPC, for brining on record the LRs of deceased appellant No. 1(d), who, as per the application, died on 20/5/2016, leaving behind the legal representatives, whose names have been mentioned in para-2 of the application. The application has been moved on the ground that the appellants/applicants have filed the present appeal, before this Court, however, the same was dismissed in default, on 10/3/2023.

(2.) When, the process of moving the application for restoration of appeal, has been initiated, then, the counsel, representing the appellants came to know about the fact that appellant No. 1(d) Ishwar Dass had died on 20/5/2016.

(3.) Since, the application has been filed after the prescribed period of limitation, as such, by moving CMP(M) No. 1584 of 2023, a prayer has been made to condone the delay, on the ground that the applicants/appellants were never intimated by their counsel, nor they were aware about the same. They came to know about filing of the appeal, when they received the notice in the execution petition. Thereafter, they had contacted their counsel to know about the status of the appeal, then, they came to know about the dismissal of the appeal, in default.