Smt. Rajdulari v. Fozi Ahmad Ali and 2 Others
Case brief
What is this about?
The court, hearing preliminary objections regarding a dead respondent and insufficient court fees, granted a week's time to the appellant to remove the defects before listing the appeal further.
What did the court decide?
A week time granted to appellant to remove defects of dead party and court fees. List next week.
What the court decided
Court No. - 4
Case :- SECOND APPEAL No. - 44 of 2024
Appellant :- Smt. Rajdulari Respondent :- Fozi Ahmad Ali And 2 Others Counsel for Appellant :- Mohd. Shakeel Counsel for Respondent :- In Person
Hon'ble Rajnish Kumar,J.
Shri Sunil Kumar Khare, respondent no.3 in person raised two preliminary objections; first of which is that this Second Appeal has been filed against a dead person i.e. respondent no.1-Fauji Ahmad Ali without disclosing it and secondly the appropriate and complete court fees has also not been paid and about Rs.1800/- court fees is less.
Shri Mohd.Shakeel, learned counsel for the appellant prays for and is granted a week's time to remove the aforesaid defects.
List accordingly in the next week, as fresh.
. ...................................... .(Rajnish Kumar,J.) Order Date :- 5.3.2024 Banswar
Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench
Issues for consideration
2 issues framed by the court
Whether the second appeal is maintainable after the filing of a petition against a dead person.
Whether the appropriate and complete court fees has been paid.
Parties & counsel
- appellant
Smt. Rajdulari
- respondent
Fozi Ahmad Ali
- respondent
Sunil Kumar Khare
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- SAPL/44/2024
All orders in this case
3 orders share this CNR
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