BABU LAL MATHUR Vs. JAGDAMBA PRASAD

JUDGEMENT

(1.) This second appeal has been filed by appellants-defendants against the judgment and decree dtd. 10/12/2010 and 19/4/2005 whereby and whereunder the civil suit for permanent injunction filed by the respondent No.1-Plaintiff was decreed.

(2.) This court called for record of both courts below and issued notices to respondents vide order dtd. 10/4/2017. Thereafter, fresh notices were issued vide order dtd. 27/7/2017. Thereafter, appellants have filed an application under Order 22 Rule 4 CPC on 23/4/2019 with an information that it transpired to the appellants that respondent No.1-Plaintiff Jagdamba Prasad has passed away on 13/1/2013 during pendency of this appeal and is survived by legal representatives, named in the application against whom right to sue and pursue the appeal survives.

(3.) Since there is a delay in filing the application, separate application under Sec. 5 of the Limitation Act and another application under Order 22 Rule 9 CPC, seeking to set aside the abatement of appeal have also been filed.