Babu Lal Mathur vs Jagdamba Prasad - 2022 Supreme(Raj) 978

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2022 Supreme(Raj) 978

SUDESH BANSAL
Babu Lal Mathur – Appellant
Versus
Jagdamba Prasad – Respondent

Advocates appeared:
Mr. R.K. Mathur, Sr. Advocate Assisted, Mr. Ram Prasad, for the Appellant
Mr. Arun Sharma, for the Respondent.

ORDER

1. This second appeal has been filed by appellants-defendants against the judgment and decree dated 10.12.2010 and 19.04.2005 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 dated 10.04.2017. Thereafter, fresh notices were issued vide order dated 27.07.2017. Thereafter, appellants have filed an application under Order 22 Rule 4 CPC on 23.04.2019 with an information that it transpired to the appellants that respondent No.1-Plaintiff Jagdamba Prasad has passed away on 13.01.2013 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 Section5 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.

4. This Court issued notices vide order dated 17.05.2019 on all three applications to the legal representatives of deceased respondent No.1-plaintiff.

5. Notices ha

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