i- ^' V t IN THE HON'BLE HI6H COURT CHHATTCSGARH AT BILASPUR (C.&.) ^) Isigia ^gn^t' M.C.C. N0. £6^ /2010 fS.B.) ARISIN& OUT OF S.A. No. 05 / 1995 APPLJCANT DEFENDANT .'?•'•" ^\^'..1'^ /^v ^•'p.. ..^"". ^ .,^ 's^v:.^'" ^s^- RESPONDENTS PLAINTIFFS Gulal Ram S/o Late l-1eera Ram, aged about 45 years, R/o Village Tendua, P.S. Patna, Tahsil Baikunthpur, Distt. Korea (C.G.) VERSUS l./Ramkumar, S/o Jhamman, aged about 40 years, R/o W\age Tendua, Tahsil Baikunthpur, Distt. Surguja (Now Korea) (C.G.) mt. Ratan Bai, Wd/o Shivprasad, aged about 75 years, Occupation cultivator, R/o Village Kolmi, Tahsil Baikunthpur, Distt. Surguja (Now Korea) (C.6.) APPLICATTONJJNDER ORDER 22 RULE 9 OF C.P.C. The applicant named above begs to submit as under:-^ .,,i.£"afca^ /y^-, ""^\N f/"&- _ "\ !L^S^. 1 I 1 VKSSy'. '» S Applicant Defendant HiQH COiSRJ OF CHHATnSQASW AT BiLASPUR Ni.e^.Mo.SOSof28K» Gulal Ram S/o Late Heera Ram, aged about 45 years, R/o Viltage Tendua, P.S. Patna, Tahsii Balkunthpur, Distt-K^rrea ^;.G.) Respondents Versus 1. Ramtaimar, S/o Jharnman, aged Plaintiffe about 40 years, R/o Vitlage Tendua; Tahsil Baikunthpur, Distt.Surgyja (Now Korea) (C.G.) 2. Smt.Ratan Bai, Wd/o Shivprasad, aged about 75 years, Occup^idh cuitivator, R/o Viilage Kolmi, Tahsil Baikunthpur, Distt.Surguja (Now Korea) (C.G.) (Application under Order 22 Rule 9 of the C.P.C.) MrAniS Singh Rajput, counsel for the app\\cartt. Ms Sudha Agrawal, counsei for ths respondents. (SB: Hon'ble Mr. T.P. Sharraa, J.) ORDER(ORAL) (18-8-2011) 1. Heard on appiication under Order 22 Rule 9 of the C.P.G. for setthie aslde abatement and I.A.No.1 for condonation of deiay in filing suoh 2. Second Appeai No.5/1995 filed on behalf of appellant Heera Ram was dismissed for want of prosecution on 30.4.2010. RestoraBon applteation i.e. M.C.C.No.499/2010 was fiied and same was dismissed as withdrawn wde order dated 20.9.2010. 3. Learned counsei for the applicant submits that appellmt Heera Ram died on 4.3.2010, therefore, second appes! was dismissed forwant of prosecution and the present applicant iegai representetive of Heera Ram has fiied application forsetting aside the order ofabettement. 4. Oh the other hand, iearned counsel for the r^ponderts opposes the petition and submits that the appiicant has flted the present petition afteriapse ofconsiderable time. 5. Considering pendency of a^ea! sinee 1995 and death of dec»ased Hira Ram, apptteation and I.A.No.1 are allowed, subject to payment of cost of Rs.1000/- to the respondents withln 15 days from today. 6. With the aforesaid condition, abatement Is hereby set aside and Second Appea! No.5/1^5, which vras dismissed for w®nt of prosecution, is restored in its origfnal nurriber. The applicant shall fite application for amendment in Memo of Appeal within seven days from today. No order as to costs. —— Sd/- ^ T.P. Sharma Judge ^t i"