Application by a legal representative to substitute the heirs of appellant Mohd. Gulab Khan Nadar Khan Pathan, who died during the pendency of the appeal, was filed within stipulated time and allowed; amendments to the cause title were directed.
Legal heirs permitted on record; cause title amendments ordered.
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CAO No. 1566/2024 in CAF No. 2993/2023 in F.A. St. No. 18841/2023
Coram : Registrar(Judicial) Dated : 17.12.2024
This application is filed by the applicant for bringing legal heirs of deceased appellant - Mohd. Gulab Khan Nadar Khan Pathan on record. It is stated in the application that during the pendency of the present appeal, the aforesaid appellant passed away on 14.11.2024 leaving behind his heirs. The copy of death certificate is filed on record. The application is supported by affidavit.
It is seen that the aforesaid appellant passed away on 14.11.2024 during the pendency of the appeal and the present application is filed on 02.12.2024 i.e. within time stipulated and right to sue survives. Hence, the application is allowed. Permission is granted to the applicant to bring the legal heirs of the aforesaid deceased appellant on record as mentioned in the application. Necessary amendments be carried out in the cause title of the appeal.
(Ravindra M. Sadrani) Dated:17.12.2024 I/c Registrar (Judicial)
Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 30/12/2024 16:05:46
1 issue framed by the court
Should the legal heirs of the deceased appellant be brought on record of the pending appeal?
Mohd. Gulab Khan Nadar Khan Pathan
Applicant (seeking to bring legal heirs on record)
Ravindra M. Sadrani
As recorded by the court registry
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