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A. N. VARMA, K. C. AGRAWAL, SATISH CHANDRA
Mahendras Kaur – Appellant
Versus
Hafiz Khalil – Respondent
JUDGMENT
K.C. Agrawal, J. - This Full Bench has been constituted to decide the correctness of the decision in Khalil Ahmad and Others Vs. Additional District Judge, Gorakhpur and Others, AIR 1974 All 422 .
2. The facts of the case relevant for deciding the reference are these. Hafiz Khalil, opposite party No. 1 filed Suit No. 309 of 1972 for injunction against Smt. Jiwan Kaur (since deceased) and Sardar Inder Singh restraining them from making any construction on the land in suit, and further from interfering in his right of egress and ingress over the land in dispute.
3. Smt. Jiwan Kaur died on November 17, 1974. The Plaintiff did not move any substitution application and setting aside abatement within time prescribed by law. Much after the expiry of time, the Plaintiff applied on 18th May, 1976, under Order XXII, Rule 4 of the CPC for substitution on the ground that he had acquired knowledge of the death of deceased Smt. Jiwan Kaur on 27th March, 1976. Thereafter, he moved two applications, one for condonation of delay and thereafter on 7th September, 1976 for setting aside the abatement.
4. Having held that the delay had not been satisfactorily explained, as there was no sufficient
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