KALANI & ORS Vs. KANHAIYA

JUDGEMENT

(1.) The restoration application No.178/2011 has been filed by the applicants, seeking restoration of the restoration application being No.203/2008, which was dismissed for default by the Court on 6/8/2008. The restoration application No.203/08 was filed, seeking restoration of the second appeal No.141/90, which was dismissed for non prosecution on 3/4/2008.

(2.) The application being No.6161/2012 was filed by the learned counsel for the respondent under Section 151 of CPC, for taking on record the fact of the death of the sole respondent-defendant-Kanhaiya S/o. Haridas, who had expired on 25/2/2010, and praying to dismiss the restoration application as having been abated.

(3.) The application being No.6391/2012 has been filed by the learned counsel for the applicants-appellants, with the affidavit of the appellant No.3-Rambhajan S/o. Narain, seeking amendment in the cause title by incorporating the words "since deceased" against the name of the appellant No.1-Smt. Kalani widow of Narain who had expired on 15/10/2010. It was also prayed in the said application that the appellant No.2-Ramkaran also having expired on 23/11/2006, his heirs be permitted to be brought on record.