Where a party in pending proceedings has expired and no consequential steps were taken due to expiry, the proceedings abate automatically, resulting in dismissal of the appeal and disposal of the application.
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RSA No. 268 of 2012. 20.07.2017 Present: Mr. Ramesh Sharma, Advocate for the appellant. Mr. Bimal Gupta, Senior Advocate with Mr. Vineet Vashisht, Advocate, for the respondents. RSA No.268 of 2012 & CMP No.4858 of 2017. As per the averments in the application, respondent No.1 has expired on 3rd May, 2013. The application is supported by the affidavit of applicantrespondent No.2. Consequential steps on the death of respondent No.1 have not yet been taken. On the death of a party and for want of consequential steps within time the pending proceedings stand abated automatically. The appeal, as such, is dismissed as abated. The application also stands disposed of.
(Dharam Chand Chaudhary), July 20, 2017 (ps) Judge
Appellant
Respondent No.1
Respondent No.2
Dharam Chand Chaudhary
As recorded by the court registry
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