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Dhan Singh vs. Bhura Ram th. LR’s.

52.00 5.20

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Code of Civil Procedure, 1908–Order 22, Rules 3 & 9(A), Sec. 96–Limitation Act, 1963–Sec. 5–Death of the appellant during the pendency of first appeal–Applicants made a vague claim of negligence on the part of their previous counsel without producing any affidavit from the said counsel–No effort was made for near about four years to verify the status of the substitution application or to make inquiry with the registry–Further, application under Order 22, Rule 3 was filed without any explanation for the substantial delay and without being accompanied the application u/s. 5–Subsequent application under Order 22, Rule 9(A) was also filed after the delay of two months–Applications are liable to be dismissed as barred by limitation–First appeal also stands dismissed.