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Babu Lal Mathur & Ors. vs. Jagdamba Prasad & Anr.

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Code of Civil Procedure, 1908–Order 22, Rule 4–Death of plaintiff during the pendency of the second appeal–Factum of death was not brought on record–Fact came in the knowledge of appellants after receiving the report of process server–Applications are filed within the time after the knowledge–No mala fide on part of appellants–Applications are allowed subject to payment of cost of Rs. 5,000/-.