HARNAM SINGH Vs. GIANO DEVI

JUDGEMENT

(1.) This appeal under Order 43 Rule 1 (c) of the Code of Civil Procedure is directed against the order passed by the learned Additional District Judge, Fast Track Court, Hamirpur, whereby he dismissed the application filed for bringing on record the legal representatives of respondent No. 8 Ajit Singh after condoning the delay and setting aside the abatement. The facts lie in a narrow compass.

(2.) The appellants had filed Civil Appeal No. 46/2000 against the judgment and decree passed in Civil Suit No. 181 of 1992 by learned Senior Sub Judge on 8.12.1999. This appeal was dismissed in default on 25.08.2005, for want of appearance of the appellants or their counsel.

(3.) The appellants filed an application for restoration. However, before the same could be taken up, one of the respondents Smt. Shanti Devi died on 12.11.2007 and accordingly her name was ordered to be struck off vide order dated 31.07.2009. However, in the interregnum, even respondent No. 8 Ajit Singh died on 11.06.2007 and thereafter an application was filed by the appellants for bringing on record the legal representatives of deceased respondent No. 8 Ajit Singh and condoning the delay and setting aside the abatement.