KUNWAR PAL Vs. DEENDAYAL

JUDGEMENT

(1.) In order to meet out the defect pointed out by office for mismatch of parties in the restoration application No.206/2019 with parties in original restoration application No.423/2018 and first appeal No.157/2010 is concerned, the applicants-appellants have filed an application dtd. 10/6/2019, purportedly under Sec. 151 CPC alleging inter alia that applicant No.2 namely Purushottam had passed away on 13/7/2015 during pendency of first appeal. However, this fact was not brought on record and due to inadvertent error, appropriate application to bring the factum of his death and his LRs on record could not be filed in first appeal as also in restoration application No.423/2018.

(2.) It has been alleged that since thereafter, the first appeal was dismissed on 8/7/2016 due to non-compliance of peremptory order dtd. 27/4/2016, hence, restoration application No.423/2018, which was filed with some delay. The restoration application too was dismissed due to non-presence of counsel for applicants on 30/4/2019, hence, in second restoration application, the factum of death of applicant No.2 -Purushottam has been brought on record, which fact may be taken on record and his legal representatives may be allowed to be substituted in his place.

(3.) The present restoration applications arise out of civil first appeal involving the dispute between parties in relation to partition of immovable properties.