Registrar granted a two-week adjournment to the applicant to bring legal representatives of a deceased respondent on record per 1960 Rules. Failure to do so will result in abatement.
Two weeks time granted to bring legal representatives of deceased respondent on record.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
INTERIM APPLICATION NO. 6778 OF 2024 IN
CIVIL REVISION APPLICATION (ST.) NO. 32756 of 2017
Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders
Court’s or Judge’s orders
CORAM :- S.R. AGRAWAL REGISTRAR (JUDL.-II)
DATE :- 09th September, 2024.
Adv. Vinayak V. Katti present for applicant.
As per Bailiff’s report dated 14/06/2024 notice of respondent No. 2 is returned unserved with remark “Dead before 3 years ago”.
The above numbered Interim Application with Civil Revision Application (Stamp) is listed for fourth time on the board of Registrar for taking steps to bring the legal representatives of the deceased respondent No. 2. Already eight weeks time has been granted, however, despite of granting eight weeks time, Advocate for the Applicant has not taken any steps for bringing the legal representatives of deceased respondent No. 2, till date.
Here reference to Chapter VII Rule 6 Sub rule 1 and 2 of the Bombay High Court, Appellate Side Rules, 1960 (for short “Rules”) may be conveniently made. It states about Processes, Process fees, Printing Charges, Security for costs and other procedure after admission etc.
2
Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders
Court’s or Judge’s orders
In view of provisions under chapter VII Rule 6(2), in cases where 90 days have elapsed from the reported death of any of the parties to the appeal and no action has been taken by the Appellant to bring the heirs of the deceased party on record the matter shall be placed before the Registrar for orders regarding the abatement of the appeal as against the deceased party as soon as possible.
As such, the prescribed time to bring on record the legal representatives of the deceased respondent No. 2, as provided under Rules 1960 has been expired. 08 weeks time was granted, but all in vain. The matter is lying ideally without any progress due to not taken any steps. However, instead of passing order of abatement outrightly, it would be just and proper to give one opportunity to take appropriate steps for bringing on record the legal representatives of deceased respondent No. 2, if any.
In turn, 02 (two) weeks time is granted with directions to take appropriate steps for bringing legal representatives of the deceased respondent No. 2, without fail. On failure, Interim Application with Civil Revision Application (Stamp) would stand abated against deceased respondent No. 2, without further reference to the court of Registrar.
sd/09/09/2024 Registrar (Judl.-II) amr
1 issue framed by the court
Whether the Civil Revision Application should abate due to failure to bring legal representatives of a deceased respondent on record.
1 provisions across 1 enactments
Applicant
Respondent No. 2 (Deceased)
S.R. Agrawal
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
