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2021 Supreme(Raj) 1459

RAMESHWAR VYAS
Legal Representatives of Loku Ram – Appellant
Versus
Legal Representatives of Bihar – Respondent


Advocates appeared:
Dr. R.D.S.S. Kharlia, Advocate, Anil Gupta, Advocate, Shreekant Verma, Advocate

JUDGMENT

Rameshwar Vyas, J. - The present application for restoration has been filed under Order XLI, Rule 19 read with Section 151 C.P.C. by the defendants-appellants with the prayer for recalling of the Order dated 07.09.2017 passed by this Court in S.B. Civil Second Appeal No. 66/2008 (LR's of Loku Ram Vs. Bihari Lal), whereby the second appeal, against sole respondent - Bihari Lal, was dismissed as abated.

2. The facts of the case in short are that plaintiff Bihari Lal, legal representatives of whom are respondents herein, filed a civil suit for specific performance of the agreement to sell the property, which was dismissed by the trial court vide Judgment dated 17.02.2005, however, plaintiff - Bihari Lal was held entitled to receive double of the consideration amount paid by him to defendant - Lokuram, whose legal representatives are appellants herein. Plaintiff - Bihari Lal preferred first appeal against rejection of his suit, which was allowed by the First Appellate Court vide Judgment dated 08.01.2008. Aggrieved by the judgment of the First Appellate Court, legal representatives of defendant - Lokuram filed second appeal before this Court on on 08.02.2008. On 28.02.2008, the

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