Single judge held that the appeal was rightly dismissed as abated under Order 22 Rule 9 CPC because appellants concealed the appellant's death date and failed to seek setting aside abatement promptly.
The appeal was dismissed as it was liable to be dismissed without going into merit of the case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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"IGH^OUW OF AT SiLASPUR
.M|sc^A^Reai,No.,955of2003
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| Piitiff | ; Azimuddin @ IVIodla (dead), through |
|---|---|
| an | representatives: |
| 1. Mehboob Hussain, son of Azl-muddin, about ' 45 : years, Occupatjon Business, resident of Parradand, P.S. and Tahsil Ambskapur, District Ssrguja (C.G.) |
|
| 2. Mehmood Hussain, son of Azimuddin, |
|
| ^ | about 40 years, Occupation Fitter In Coaifjeld, resident of Bhatgaon, P.S. ' |
| Bhatgaon, Post Bhatgaon, Tahsil |
|
| Suralpur, Dlstrict Sarguja (Chhattisgarh), |
|
| 3. IVIehkhooj Hussain, son of Azlmuddln, |
|
| about 35 years. Occupation |
|
| Business, resident of JaJnagar, P.S. and | |
| P,0. Jainagar, Tahsil Surajpur, District Sarguja (Chhattisgarh), |
|
| 4. Manjoor Hussain, son of Azimuddln, |
|
| L '^ |
about 33 . years, Occupation Buslness, resident of Jainagar, P.S. and P,0. Jainagar, Tahsii Surajpur, Dlstrict Sarguja (Chhattlsgarh), |
| 5. Mansoor Hussain, son of Azimuddin, |
|
| about 30 years, Occupatjon |
|
| Business, resident of Jalnagar, P.S. and P.0, Jalnagar, Tahsl! Surajpur, District Sarguja (Chhattisgarh) |
|
| 6. Samsunnlsha, daughter of Azimuddin, aged about 28 years, Occupation House ho!d, resident of Imlipara, BasantJaj Gail, Ambikapur, P.S. and Tahsl! Ambikapur, DlstrictSarguja (Chhattisgarh) |
|
| 7. Mariyam Bibi, widow of Late Azlmuddin, |
|
| about 50 years, Occupation House |
L-.-...____...
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wife, resldent of Parradand, Imlipara, P»S. and P;0Ambikapur, Tahsil Ambikapur, District Sarguja
(Chhattisgarh).
Versys
^.
Abrar yiya, son of Nurai Hasan, aged about 65 resident of Mohalia years, Parradand, Ambikapur, P.S. and Tahsii Ambikapur, District Sarguja (M.P.) now (Chhattisgarh)
EiSPONDENI:
GF APPEAL UNDER 43 RULE 1ft) OF THE CiVIL
V.,-.
S.B: Hon'ble IVirJustice N.KAaary/ai
Present : Mr. H.B. Agrawal, Senior Advocate with Shn Pankaj Agrawai, cpunsel for the appellants.
Mr. Shakti Raj Slnha, counsei for respondent.
O R DE R (01.08.2012)
abatement and consequently dlsmissing the appeal is under assall in the Instant appsai.
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of merit, Is lisble to be and is hereby dismissed.
Sd/N. K. Agarwal Judge
1 issue framed by the court
Whether the appeal can be set aside on grounds of abatement when the appellant concealed the date of death of the original appellant.
1 provisions across 1 enactments
Mehboob Hussain others
Abrar Shia
N.K. Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
