The court allowed an abatement application under CPC Order 22 Rule 4(c) due to deaths of appellants and respondent without substitution. Accordingly, the second appeal was dismissed as abated on 14.12.2021.
The second appeal stands dismissed as abated; abatement application allowed.
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Court No. - 4
Case :- SECOND APPEAL No. - 3318 of 1980
Appellant :- Babu Singh Respondent :- Sri Jai Prakash Counsel for Appellant :- H.N. Singh Counsel for Respondent :- B.D. Mandhyan
Hon'ble Rohit Ranjan Agarwal,J.
In Re: C.M. Abatement Application No.114 of 2021
List has been revised. No one is present on behalf of the appellants to press this appeal.
Ms. Saumya Mandhyan, learned counsel for the respondent no.1 is present.
This abatement application has been moved under Order 22 Rule IV (C) of Code of Civil Procedure for dismissing the appeal as abated as the legal heirs and representatives of the deceased appellants no.1 to 4, who have died in the year 1996, 2020, 2019 and 2017 respectively, have not been brought on record. Further, no substitution application has been filed by the appellant for substituting the legal heirs and representatives of respondent no.1 who has died on 24.01.2005.
In view of above, the abatement application is allowed as no substitution application has been filed by the appellant for substituting the legal heirs of the appellants no.1 to 4 and respondent no.1.
In Re: Second Appeal
As the abatement application is allowed, the second appeal stands dismissed as abated.
Order Date :- 14.12.2021 SK Goswami
1 issue framed by the court
Whether the second appeal should be dismissed as abated given the death of appellants and respondent without substitution or heir representation.
1 provisions across 1 enactments
Babu Singh
Sri Jai Prakash
Rohit Ranjan Agarwal
SK Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
