Pending a Second Appeal, the appellant filed an application to delete the name of a deceased respondent (unmarried and issueless) from the array. The Registrar permitted the deletion amenable to amendments at the appellant's risk.
Name of respondent no.3 deleted from array of respondents; amendments to be made.
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CAS No.1052/2024 in Second Appeal No. 151/2013
Coram : Registrar (Judicial) Dated : 12.12.2024
This application is filed for deletion of name of respondent no. 3 from the array of the respondents. It is stated that during the pendency of the instant appeal, the respondent no. 3- Firozbi d/o Shaikh Taslim expired on 15.12.2017 and she was unmarried and issueless and the rights of the said respondent is devolved upon the appellants as well as respondents as per the Mohammedan Law. Thus, the appellant wants to delete respondent no.3 from the array of the respondents.
Considering the reasons mentioned in the application, the appellant is permitted to delete the name of respondent no.3 from the array of respondents, at the risk of appellants. Necessary amendments be carried out in the matter.
(Ravindra M. Sadrani) Dated:12.12.2024 I/c Registrar(Judicial)
Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 21/12/2024 18:43:52
2 issues framed by the court
Whether the name of deceased respondent can be deleted from the array of respondents in an appeal.
Whether amendments are required to effect the deletion of a deceased party's name.
Appellant
Firozbi d/o Shaikh Taslim
Respondents
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
