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2026 Supreme(Online)(Del) 6

IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN, JJ
SURENDER SINGH – Appellant
Versus
NEPALI DEVI – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Shubhankar Sengupta
For the Respondents: Mr. Rahul Sharma, Mr. Niruikar Giri

JUDGMENT

ANIL KSHETARPAL, J.

1. By the present judgment, this Court proceeds to consider and dispose of the applications preferred by the legal representatives of the deceased Appellant under Order XXII Rules 3, 9 and 11 of the Code of Civil Procedure, 1908 [hereinafter referred to as „CPC‟], seeking recall of the order dated 24.04.2009, whereby the present appeal was declared to have abated. This Bench shall further dispose of the applications filed by the wife of the Appellant seeking substitution of the legal representative of deceased Respondent No.2. A tabular representation of the applications and the respective prayers sought therein is presented below for clarity:

S. No. Application Prayer sought Nos.

1. 10794/2019 Seeking setting aside of the abatement order dated 24.04.2009 and to take on record the application filed under Order XXII Rules 3 and 11 of the CPC.

2. 10795/2019 Seeking condonation of delay of 3191 days in filing the CM App. No. 10794/2019.

3. 10980/2019 Seeking the impleadment of LRs of deceased Appellant to the present Appeal.

4. 10981/2019 Seeking condonation of delay of 3215 days in re-filing the CM App. No. 10980/2019.

5. 56544/2025 Seeking impleadment of the L

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