This order abated First Appeal No. 26 of 2007 because the sole respondent died and no application for his substitution was filed within the time granted.
The instant appeal stands abated.
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Court No. - 21
Case :- FIRST APPEAL No. - 26 of 2007
Appellant :- State Of U.P.Through Collector Lucknow And 2 Others Respondent :- Sri Kant Singh Chauhan Counsel for Appellant :- Standing Counsel Counsel for Respondent :- V.N.Singh
Hon'ble Jaspreet Singh,J.
The appeal is of the year 2007.
The record indicates that on 21.08.2023, it was informed that the sole respondent had died and the learned counsel for the appellants prayed for and was granted three weeks' time for moving an appropriate application for substitution.
The office report also indicates that till date no such application for substitution has been filed.
Since, the sole respondent has died and no substitution application has been preferred till date, in such circumstances, the instant appeal stand abated.
Consigned to record.
Order Date :- 15.5.2024 Rakesh/-
Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the appeal stands abated due to the death of the respondent without a filed application for substitution.
Whether a Notice under Section 91 CPC is necessary before leaving an appeal abated.
State Of U.P. Through Collector Lucknow And 2 Others
Sri Kant Singh Chauhan
Rakesh Prajapat
Hon'ble Jaspreet Singh, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
