MODI, J.—This is an application made on behalf of Smt. Basanti Devi and her minor son Prahlad under Order 20 rule 3 C.P.C. and rule 88(2) of the Rajasthan High Court Rules read with section 151 C.P.C.

2. The facts which have given rise to this application may be shortly stated. Hiranand filed a second appeal in this court under section 100 C.P.C. against the judgment of the Additional District Judge No. 2 Jodhpur, dated February 27, 1973. This appeal was registered as S.B. Civil Regular Second Appeal No. 187 of 1973. It came up for hearing before the Honble J.P. Jain J. At the close of the hearing, the teamed Judge dictated the judgment to a short-hand writer in open court on September 10, 1975, in presence of the learned counsel for the parties and dismissed the appeal. By the order of the learned Judge, the fact dismissing the appeal was recorded in the order sheer by the Reader of the Court on that very day, i. e. September 10,1975 Before the transcript of the Judgment could be signed by the learned Judge, he unfortunately expired. As per rule 88 of the Rajasthan High Court Rules, the Registrar, after obtaining the orders from Honble the Acting Chief Justice, appended the followi

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