PARASRAM Vs. DHARMA SINGH

JUDGEMENT

(1.) It is informed that during course of this appeal, appellant No.2 Lala Ram has passed away on 16/9/2019. His natural heirs have moved an application (I.A.No.1/2022) under Order 22 Rule 3 CPC alongwith an application (I.A.No.2/2022) under Sec. 5 of the Limitation Act and application under Order 22 Rule 9 CPC, for seeking their substitution in place of appellant No.2 and for condoning the delay as also for setting aside the abatement of appeal.

(2.) It has been stated that applicants were not aware about the proceedings of the present appeal. The present appeal has been preferred in the interest of Ramdwara Dhakar Samaj Trust and the factum of death of appellant No.2 could not come to the knowledge of trustees, hence the application could not be filed within time. Applicants have also prayed to condone the period of Pandemic Covid-19.

(3.) Learned counsel for respondents though has not filed any reply to the applications, however, opposed the applications orally that no sufficient cause has been assigned in the application, hence the appeal be declared as abated.