SECOND APPEAL 416153 of 2017 on 18 April 2003

Arguments

Case :- SECOND APPEAL DEFECTIVE No. - 152 of 1987

Appellant :- Ram Nath Singh And AnotherRespondent :- Harish Chandra Singh And OthersCounsel for Appellant :- P.K. JainCounsel for Respondent :- K.D. Tripathi,A. Kumar,S.Alim Shah Hon'ble Ved Prakash Vaish,J.

Civil Misc. Restoration Application No. 416153 of 2017

Sri Manoj Kumar Yadav, learned counsel for the applicants- appellants ispresent.

Learned counsel for the applicant submits that there an application forrestoration of appeal. He further submits that appellant no. 1 Ram NathSingh died on 18.4.2003 and appellant no. 2 Daal Chand died on14.1.2003. He also submits that legal heir of appellant no. 1 Prem Pal alsodied on 12.4.2006.

Learned counsel for the applicant also submits that appeal was dismissedin default on 5.12.2011.

On specific query being made by Court to counsel for the applicant-appellant, he seeks time to inspect the record as to whether any applicationfor substitution of legal heirs of any appellants was filed before the appealwas dismissed for default.

On the request of counsel for the applicants-appellants, list this matter on18.1.2018.

(Ved Praksh Vaish, J.)

Order Date :- 8.1.2018SU.