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U.I.T. Udaipur vs. Shyam Sunder & Ors.

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Code of Civil Procedure, 1908–Order 22, Rules 4 & 9–Limitation Act, 1963–Sec. 5–Prayer for setting aside the abatement of appeal and taking the LRs. of respondent no. 1 on record–Counsel of respondent himself was not aware of the death of respondent no. 1–Therefore, the appellant, a public
authority cannot be held to be aware of this fact–Appellant was to find out the LRs. of deceased, therefore, the delay was caused–Application deserves to be allowed.