Babu Ram and another vs. Mandir Bhagwati Devi & another RSA No.143 of 2022 24.06.2026 Present: Mr. Vivek Negi, Advocate, for the appellants. Mr. Mukul Sood, Advocate, for respondent No.1. CMP No.14618 of 2026 The instant application has been filed by the applicant for recalling of orders dated 16.04.2026 and 06.05.2026, as passed by this Court in the following manner: “16.04.2026 Present: Mr. Vivek Negi, Advocate, for the appellants. Mr. Mukul Sood, Advocate, for respondent No.1. In sequel to the orders dated 19.11.2025, 29.12.2025, and 16.03.2026, consequential steps on account of the death of appellant No. 2 have not been taken. On the persuasive request of learned counsel for the appellants two weeks’ further time by way of last and final opportunity is granted to do the needful, failing which the appeal shall be deemed to have been dismissed for non-prosecution without reference to the Court. List after two weeks.” 06.05.2026 Present: Mr. Vivek Negi, Advocate, for appellant No.1. Mr. Mukul Sood, Advocate, for respondent No.1. In sequel to last order, no steps have been taken for bringing on record the legal representatives of deceased appellant No.2. Consequently, the appeal is dismissed for non-prosecution.” It has been averred in the application that counsel of the appellants was designated as a Senior Advocate, whereafter the clerk of his office tried to contact the appellants for the purpose of filing fresh power of attorney. After making various attempts, appellant No.1 picked up the phone and was asked to do the needful. Appellant No.1 also revealed that appellant No.2 Sunita Devi has expired on 12.07.2023. It has been stated that the factum of death of appellant No.2 was not within the knowledge of the counsel since the appeal was admitted and ordered to be listed for hearing in due course. On 16.04.2026, this Court granted last and final opportunity for taking consequential steps on account of death of appellant No.2. On 04.05.2026, when the cause list was uploaded from the website of this Court, the clerk of the counsel again called appellant No.1 and at that relevant time, son of appellant No.1 picked up the phone and came to know that steps on account of death of his mother were required to be taken. Therefore, it has been prayed that after allowing the application orders dated 16.04.2026 and 06.05.2026 be recalled. Learned counsel for the non-applicant/respondent No.1 has no objection in case the application is allowed. Consequently, in view of the averments as made in the application, which is duly supported by an affidavit and in view of submissions as made by learned counsel for the applicants, the present application is allowed and the orders dated 16.04.2026 and 06.05.2026 are ordered to be recalled and the appeal is restored to its original number. Accordingly, the application stands disposed of. CMP(M) No.969 of 2026 This application has been filed under Order 22 Rules 3 & 9 and Section 151 of CPC read with Section 5 of the Limitation Act, for condonation of delay, setting aside abatement and to bring on record the legal representative of deceased appellant No.2 Sunita Devi, who is stated to have expired on 12.07.2023. It has been averred in the application that the factum of death of appellant No.2 was not within the knowledge of the counsel since the appeal was admitted and ordered to be listed for hearing in due course. Copy of death certificate has been appended with the application as Annexure A-I. The details of the legal representatives are mentioned in para-7 of the application. It has been further averred that the delay in filing the application is neither intentional nor willful, but the same has occurred due to unavoidable circumstances. Learned counsel for the non-applicant/respondent No.1 has no objection in case the application is allowed. Consequently, in view of the averments as made in the application, which is duly supported by affidavit and in view of the submissions as made by learned counsel for the applicants, the legal representatives of deceased appellant No.2 as mentioned in para-7 of the application are ordered to be brought on record as appellants No.2(a) to 2(c), after condoning the delay and setting aside the abatement, if any. It is contended by Mr. Vivek Negi, Advocate that power of attorney on behalf of appellants No.2(a) to 2(c) has already been filed in the Registry. Accordingly, the applications are allowed subject to all just exceptions. ( Romesh Verma ) Judge June 24, 2026 (vt)