Honble KOCHHAR, J. – The facts giving rise to this application for recalling the order dated 5.11.93, are as under :

(2). The applicant had filed appeal against the judgment and decree dated 31.8.91 passed by the learned District Judge, Jhunjhunu in Civil Suit No. 13/84 by impleading Shri Bhagwan Dutt (the deceased) as defendant-respondent No.1 and non-applicant; Jagdish Prasad as plaintiff-respondent No.2. The said appeal was registered in this Court as S.B. Civil First Appeal No. 175/92. The appeal was admitted on 26.8.92 and it was directed that notice be issued to the respondents. The non-applicant; respondent No.2, Jagdish Prasad was duly served and appearance was made on his behalf in this Court, but the notice sent to the respondent No.1 (the deceased) was received back with the report that he had expired. Since, no application had been moved for bringing on record the LRs. of the deceased, the appeal was dismissed as having abated vide order dated 5.11.93 passed by this Court. The applicant has filed this application for recalling the abovesaid order stating that after the abovesaid order was passed it was communicated to the petitioner by his learned counsel and, thereupon,

Click Here to Read the rest of this document