1 S.B. Civil First Appeal No.331/2007. May 06, 2009 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS ______________________________________ Mr. Ravi Bhansali for the appellant. Mr. Arun Bhansali for the respondent(s). Along with application filed under Order 22 Rule 4, C.P.C., an application has been filed under Section 5, Limitation Act for condonation of delay in filing the application under Order 22, Rule 4 C.P.C. For taking the legal representatives of sole respondent Shivraj Singh. Application under Section 5, Limitation Act is allowed. Delay in filing the application under Order 22 Rule 4, C.P.C. is condoned. Heard on the application moved under Order 22 Rule 4, C.P.C. In this application, the appellant has prayed for taking legal representatives No.1/1 to 1/7 on record as LRs of deceased sole respondent. Reply to the application has been filed by the proposed legal representatives, in which, it is submitted that only Balwant Singh be impleaded as party because there is will in his favour. In this view of the matter, as per request made by the proposed legal representatives, Banlwant Singh, in whose favour will has been executed, is hereby impleaded as party in place of 2 late Shivraj Singh. It is also made clear that application filed under Section 5, Limitation Act for taking legal representatives on record is allowed, therefore, application for setting aside abatement is also allowed. A separate application has been filed for disposal of the appeal in terms of the settlement arrived at in between the parties. I have perused the application filed by the parties. For the reasons mentioned in the application, so also, upon the fact that settlement has been arrived at in between the parties which is on record along with the application filed for bringing the settlement on record. In view of the prayer made in the settlement application, the judgment and decree dated 09.11.2006 passed by the Addl. District Judge (Fast Track), Rajsamand in Civil Original Suit No.58/2004 (61/01) is hereby set aside in view of the settlement and learned trial Court is hereby directed to refund the sum of Rs.2,50,000/- to Balwant Singh s/o late Shivraj Singh. In view of the aforesaid, this appeal is disposed of in terms indicated above. (Gopal Krishan Vyas) J. Ojha, a.