Hon'ble Rakesh Srivastava,J.
1. This is an application seeking condonation of delay in filing restoration application.
2. Heard.
3. Cause shown is sufficient.
4. Delay in filing restoration application is hereby condoned.
5. This application, accordingly, stands allowed. Order Date :- 17.3.2016 Pravin Court No. - 34 Civil Misc. Restoration Application No. 31000 of 2013 In Case :- FIRST APPEAL No. - 879 of 2004 Appellant :- Girvar Singh & Others Respondent :- Murari Lal Sharma & Others Counsel for Appellant :- Pradeep Verma Counsel for Respondent :- M.K. Nigam,Rahul Sahai Hon'ble Sudhir Agarwal,J.
Hon'ble Rakesh Srivastava,J.
1. This is an application seeking restoration of appeal after recall of order dated 10.07.2012 whereby appeal was dismissed for want of prosecution, though in absence of learned counsel for appellants.
2. Cause shown for non appearance is sufficient.
3. Order dated 10.07.2012 is hereby recalled and appeal is restored to its original number.
4. This application, accordingly, stands allowed. Order Date :- 17.3.2016 Pravin Court No. - 34 Case :- FIRST APPEAL No. - 879 of 2004 Appellant :- Girvar Singh & Others Respondent :- Murari Lal Sharma & Others Counsel for Appellant :- Pradeep Verma Counsel for Respondent :- M.K. Nigam,Rahul Sahai Hon'ble Sudhir Agarwal,J.
Hon'ble Rakesh Srivastava,J.
Pursuant to order of date passed on restoration application, the appeal is restored to its original number. Order Date :- 17.3.2016 Pravin Court No. - 34 Case :- FIRST APPEAL No. - 879 of 2004 Appellant :- Girvar Singh & Others Respondent :- Murari Lal Sharma & Others Counsel for Appellant :- Pradeep Verma Counsel for Respondent :- M.K. Nigam,Rahul Sahai Hon'ble Sudhir Agarwal,J.
Hon'ble Rakesh Srivastava,J.
1. Despite Court's order applicants-appellants could not produce any document to show that any substitution application was filed after death of appellant no. 2 Ratan Singh in 2004. Therefore, appeal, insofar as appellant no. 2 is concerned has already abated. Appeal is therefore, dismissed as abated so far as appellant no. 2 is concerned.
2. Heard.
3. Admit.
4. Respondents are already represented through counsels, hence no notice need be issued to them.
5. Call for the record of Court below.
6. Steps be taken within a week.
Order Date :- 17.3.2016 Pravin