Raghubir Singh vs . Kanaura Ram And Others.
2022 Latest Caselaw 5321 HP

Raghubir Singh Vs. Kanaura Ram and others.

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RSA No. 157 of 2011

6.7.2022 Present: Mr.Harish Kumar Verma, Advocate, for the

appellants.

Mr.Devender K. Sharma, Advocate for respondents No. 2(a), 2(b) and 3(a) to 3(e).

Mr.Sanjeev Kuthiala, Senior Advocate, alongwith Ms.Shalini, Advocate, for respondents No. 1, 4 and r 5.

CMP No. 4900 of 2021 & CMP (M) No. 301 of

These applications have been filed for restoration

of appeal after setting aside the order dated 22.8.2012 after

condoning the delay.

Predecessor-in-interest of applicants/appellants

had preferred main appeal RSA No. 157 of 2011, reflecting

respondent no. 2 as party, whereas, as a matter of fact,

respondent No. 2 had expired and his legal heirs were also

brought on record during pendency of matter before the Courts

below, but the said fact was not reflected in the memo of

parties of the impugned judgment and, therefore, he was

reflected as respondent No. 2 in the appeal.

On 22.8.2012 appeal was dismissed for non-

prosecution for bringing on record legal heirs of deceased

respondent No. 2 Mast Ram. Now applicants have filed

applications CMP (M) Nos. 302, 303, 304, 305, 306 and 307

for completion of record.

After noticing the entire facts and circumstances

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co-ordinate Bench of this Court had allowed these applications

vide order dated 6.4.2022 and 11.5.2022.

In the aforesaid facts and circumstances, especially

in view of orders dated 6.4.2022 and 11.5.2022, order dated

22.8.2012 deserves to be re-called and set aside.

Accordingly, order dated 22.8.2012 is recalled and

set aside, after condoning the delay and appeal is ordered to

be restored to its original number and status.

The applications stand disposed of.

RSA No. 157 of 2011

List for hearing in last week of September, 2022,

before appropriate Bench.

(Vivek Singh Thakur), Judge.

6th July, 2022 (Keshav)

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