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2022 Supreme(Raj) 1364

SUDESH BANSAL
Kunwar Pal – Appellant
Versus
Deendayal – Respondent


Advocates appeared:
Mr. R.M. Jain, for the Appellant
Mr. Sanjay Sharma, for the Respondent.

ORDER

1. In order to meet out the defect pointed out by office for mismatch of parties in the restoration application No.206/2019 with parties in original restoration application No.423/2018 and first appeal No.157/2010 is concerned, the applicants-appellants have filed an application dated 10.06.2019, purportedly under Section 151 CPC alleging inter alia that applicant No.2 namely Purushottam had passed away on 13.07.2015 during pendency of first appeal. However, this fact was not brought on record and due to inadvertent error, appropriate application to bring the factum of his death and his LRs on record could not be filed in first appeal as also in restoration application No.423/2018.

2. It has been alleged that since thereafter, the first appeal was dismissed on 08.07.2016 due to non-compliance of peremptory order dated 27.04.2016, hence, restoration application No.423/2018, which was filed with some delay. The restoration application too was dismissed due to non-presence of counsel for applicants on 30.04.2019, hence, in second restoration application, the factum of death of applicant No.2 -Purushottam has been brought on record, which fact may be taken on record and his legal

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