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2022 Supreme(Raj) 1738

SUDESH BANSAL
Sohani Devi – Appellant
Versus
Kajod Mal – Respondent


Advocates appeared:
Mr. M C Jain, for the Appellant
Mr. Ajay Gupta, for the Respondent.

ORDER

1. This second appeal arises against the decree for specific performance passed in favour of respondent-plaintiff.

2. During course of this second appeal, out of three appellants, appellant No.1 has passed away on 26.02.2020 and appellant No.2 has passed away on 19.03.2018, leaving behind their legal representatives named in the application.

3. An application (I.A.No.3/2020) under Order 22 Rule 3 has been filed to take the factum of death of appellant Nos.1 and 2 on record and to allow the substitution of their legal representatives in their place so as to pursue the second appeal on merits.

4. Since there is some delay in filing the application, a separate application (I.A. No.1/2020) under Section 5 of Limitation Act for condonation of delay and an application (I.A.No.2/2020) under Order 22 Rule 9 CPC to set aside the abatement of appeal, if any, have also been filed.

5. It has been alleged that appellant Nos.1 and 3 are widow women and are illiterate ladies and they are not aware about the procedure to inform the counsel about the death of appellant No.2 on 19.03.2018. Later on, appellant No.1 passed away on 26.02.2020. Thereafter, due to pandemic Covid-19, an application f

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