ORDER :

By way of this application, the applicants are seeking restoration of Second Appeal No.285/2003 which was dismissed for want of prosecution vide order dated 14.2.2017 (Annexure A/1). This restoration application has been filed with a delay of 1094 days, hence an application (IA No.01/2022) for condoning the said delay has also been filed.

2. Learned counsel for the applicants submits that from the records of the said second appeal it appears that appellant Kanchan Bai died on 15.5.2013 and thereafter on 29.7.2013 an application for bringing the legal heirs of the deceased appellant was filed within time but as per direction of this Court, on 13.1.2017 suitable application under Order 22 Rule 3 of CPC was filed. The matter was listed for hearing on the said application on 14.2.2017, however, there being no representation on behalf of the appellant, the second appeal was dismissed for want of prosecution.

He submits that the suit of the respondent/plaintiff was dismissed by the trial Court vide judgment and decree dated 11.7.2000, however, his appeal was allowed vide judgment and decree dated 10.4.2003, therefore, the mother of the applicants herein namely Kanchan Bai filed th