SURENDER SINGH vs NEPLAI DEVI & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 11.12.2025 Judgment pronounced on: 09.01.2026 Judgment uploaded on: 09.01.2026 + RFA(OS) 20/1997, CM APPL. 10794/2019, CM APPL. 10795/2019, CM APPL. 10980/2019, CM APPL. 10981/2019, CM APPL. 56544/2025, CM APPL. 56545/2025 & CM APPL. 56546/2025 SURENDER SINGH .....Appellant Through: Mr. Shubhankar Sengupta, Advocate. versus NEPALI DEVI & ORS .....Respondents Through: Mr. Rahul Sharma and Mr. Niruikar Giri, Advocates for Respondent No. 1. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. By the present judgment, this Court proceeds to consider and dispose of the applications preferred by the legal representatives of the deceased Appellant under Order XXII Rules 3, 9 and 11 of the Code of Civil Procedure, 1908 [hereinafter referred to as „CPC‟], seeking recall of the order dated 24.04.2009, whereby the present appeal was declared to have abated. This Bench shall further dispose of the applications filed by the wife of the Appellant seeking substitution of the legal representative of deceased Respondent No.2. A tabular Signature Not Verified Signed By:SAVITA PASRICHA Signing Date:09.01.2026 RFA(OS) 20/1997 Page 1 of 17 16:53:21 representation of the applications and the respective prayers sought therein is presented below for clarity: S. No. Application Prayer sought Nos. 1. 10794/2019 Seeking setting aside of the abatement order dated 24.04.2009 and to take on record the application filed under Order XXII Rules 3 and 11 of the CPC. 2. 10795/2019 Seeking condonation of delay of 3191 days in filing the CM App. No. 10794/2019. 3. 10980/2019 Seeking the impleadment of LRs of deceased Appellant to the present Appeal. 4. 10981/2019 Seekin