ARUN BHANSALI, J. - (1.) This application though indicated as a restoration application is essentially an application seeking setting aside of abatement.
(2.) The facts in brief may be noticed thus: S.B. Civil Regular First Appeal No.108/1981, Prabhu Ram v. Jeewan Ram was filed against the judgment and decree dated 29.05.1981 passed by Additional District Judge No.2, Hanumangarh, whereby, the suit filed by Jeewan Ram seeking specific performance of the contract was decreed.
(3.) During pendency of the appeal, on 13.02.1997 it was brought to the notice of this Court that the respondent Jeewan Ram has expired. Whereafter, though an application under Order 22, Rule 4 CPC was filed, the same was not supported by affidavit and, therefore, by order dated 10.12.1997, the appeal was dismissed as abated.;