- (1.) Heard learned counsel for the parties on application filed by the applicants under Order I Rule 10 CPC for being impleaded as party respondent in S.B. Civil Misc. Application No. 82/2016 as respondents No.2/1/1 and 2/1/2.
(2.) It is inter alia indicated that S.B. Civil Second Appeal No.27/1994 was pending before this Court, wherein, father of the applicants - Udai Kishan was party as respondent No.2/1 as legal representative of Lt. Sh. Damodar Das. The said Udai Kishan died during pendency of the said appeal on 20.4.2015, however, his legal representatives were not brought on record and the appeal came to be decided by judgment dated 1.12.2015, whereby, the appeal was allowed.
(3.) Whereafter, the present Civil Misc. Application No.82/2016 was filed by Asha Ram - Uncle of the applicants seeking recall of the judgment dated 1.12.2015 passed in the second appeal. In the said application, Udai Kishan though dead was impleaded as respondent No.2/1.;