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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN, JJ
SURENDER SINGH – Appellant
Versus
NEPALI DEVI – Respondent
| Table of Content |
|---|
| 1. background of family dispute and preliminary decree (Para 2 , 3 , 4 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. arguments presented by both parties regarding the appeal (Para 14 , 15 , 16 , 17 , 18) |
| 3. court's analysis on abatement and delay (Para 19 , 20 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 4. conclusion allowing applications and restoring appeal (Para 35 , 36 , 37) |
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 24.04.20
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