Hawa Singh vs Union Of India & Ors on 2 September, 2016

1. On 8.8.2016 when notice was issued in this second appeal the

following order was passed:-

“C.M. Appl. No. 28319/2016 (for condonation of delay of 142 days in
re-filing the appeal, under Section 151 CPC)

This is an application seeking condonation of delay of 142 days in
re-filing the appeal.
For the reasons stated in the application, the same is allowed and the
delay is condoned.
The application stands disposed of.
C.M. Appl. No. 28318/2016 (Under Order 22 Rule 3 CPC, on behalf of
LRs of deceased – Hawa Singh for taking them on record)

This application is actually unnecessary because applicants being the
legal representatives of the original plaintiff can sue in their own right
because the right to sue survives and the plaintiff did not die during the
pendency of judicial proceedings but died after passing of the impugned
judgment.

Source: Indian Kanoon

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