V.K.Mehrotra, J. - (1.) Affidavit in support of this application has been filed by Nath Singh who, on his own showing, was in the confidence of the deceased appellants and was looking after the case on their behalf. It is difficult to accept the averment that he did not inform the appellants about the pendency of the suit because of some strained relations and later came to move the present application of their instance when they had apolised to him. In any case, the assertions are vague.
(2.) From what has been stated in the counter affidavit swon by than Narain, it is clear that the applicants were fully aware of the pendency of the case. In spite of time being allowed, rejoinder affidavit not been filed. In the circumstances, no case has been made out for recalling the order of this Court dismissing the appeal for want of prosecution move, when it appears from the judgment of the lower appellate Court that parties had compromised the matter when it is pending there.
(3.) The application is rejected.;