The suit was abated and dismissed because the plaintiff died without filing an application to substitute legal heirs under Order 22 Rule 3 CPC within the stipulated period, and the present application seeking to set that aside also failed.
The suit was dismissed as abated. The present application is also dismissed.
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.
15 $~
MR RANVIR TALWAR ..... Plaintiff Through: Mr. R.K. Modi, Advocate.
versus
MR ARUN AHUJA ..... Defendant
Through: Mr. Nikhil Chawla, Advocate with Mr. Akhil Sachar and Ms. Gayatri Nandwani, Advocates.
CORAM: HON'BLE MR. JUSTICE MANMOHAN
O R D E R % 13.09.2017
On 01st September, 2017, the Joint Registrar has passed the following
order:-
“Learned counsel for plaintiff submits that as per his information, the plaintiff has expired in the first week of June, 2017 leaving behind his wife and one son as his legal heirs. He also submits that the defendant is the brother of the wife of the deceased plaintiff and maternal uncle (mama) of the son of the deceased plaintiff; and they have not come forward to contest the case because they may be in favour of the defendant. Accordingly, as requested by learned counsels for the parties, the matter be placed before the Hon’ble Court for further directions on 13.09.2017.”
Today also, learned counsel for plaintiff states that he has no instructions.
Since no application under Order 22 Rule 3 CPC has been filed within the stipulated period, present suit is dismissed as abated. Crl.M.A. 8354/2016
In view of the dismissal of the suit, present application is also dismissed.
MANMOHAN, J
SEPTEMBER 13, 2017 js
1 issue framed by the court
Whether the suit abates due to the plaintiff's death without an application under Order 22 Rule 3 CPC?
1 provisions across 1 enactments
Manmohan
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
