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Madhya Pradesh High Court · body

2014 DIGILAW 995 (MP)

Ramayan Prasad Thr Lrs Smt. Sumitra v. Indrakali

2014-08-11

K.K.TRIVEDI

body2014
JUDGMENT 1.Though the notices were issued to the respondents of this M.C.C. as also application for substitution of legal representative of deceased respondent No. 2 by registered A.D. it appears that the legal representative of respondent No. 2 is not represented before this Court and notice sent to him by registered A.D. is deemed to have been served on him. 2. Keeping in view the aforesaid and further keeping in view the fact that respondents No. 3, 6, 7, 8 and 9, though served, have not opposed the I.A. 11429 of 2013, an application for condoning the delay in making the application for setting aside abatement, I.A. stands allowed. 3. Delay in making the application for setting aside abatement and substitution of legal representative of deceased respondent No.2 is condoned. 4. In furtherance to the aforesaid order and for the reasons stated in I.A. No. 11428 of 2013, an application under Order 22 Rule 3 & 4 read with Rule 9 of the Code of Civil Procedure, the same stands allowed. 5. The legal representatives of deceased appellants and deceased respondent No. 2 be brought on record by correcting the cause title of this Since the M.C.C. is for restoration of Second Appeal No. 451 of 1993, which was dismissed for non-compliance of peremptory order passed by this Court, the second appeal itself is restored to its original number. 6. As a consequence of passing an order for setting aside abatement of the proceedings on account of death of appellants and respondent No. 2, the applicants would be entitled to substitute the legal representatives of deceased parties in the appeal by making a formal application after restoration of the second appeal on its original number. Let it be done within two weeks after the date of restoration. 7. Learned Counsel for the respondents No. 3, 6, 7, 8 and 9 does not press I.A. No. 10304 of 2014, an application under Order 39 Rule 1 & 2 of the Code of Civil Procedure, in view of the fact that the second appeal is restored, with a liberty to make appropriate application in the said proceedings, if required. The M.C.C. stands allowed and disposed of.