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2025 Supreme(Online)(UK) 3547

HIGH COURT OF UTTARAKHAND
JAI KUMAR – Appellant
Versus
MANOHAR LAL – Respondent


Office Notes, reports, orders or proceedings SL.

Date or directions COURT’S OR JUDGE’S ORDERS No.

and Registrar’s order with Signatures A.O. No.183 of 2024 Hon’ble Alok Mahra, J.

Mr. Lokendra Dobhal, Advocate for the appellant.

2. The present Appeal From Order has been preferred by the appellant assailing the order dated 02.02.2024 passed by the learned VIth Additional District Judge, Dehradun, whereby the appellant’s application for condonation of delay dated 04.05.2023, the application for setting aside abatement dated 04.05.2023 and the substitution application dated 04.05.2023 in Civil Appeal No.135 of 2016 came to be rejected.

3. Learned counsel for the appellant submits that ever since the COVID-19 pandemic, the health of the appellant/ defendant remained precarious, due to which he could not remain in regular touch with his counsel and, consequently, the factum of death of respondent no.1/plaintiff in September, 2022 did not come to his knowledge. It is argued that only in the last week of April, 2023, when the appellant contacted his counsel, he was informed about the death of respondent no.1, whereafter the particulars of the legal heirs were collected and, without any further

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