Appeal against decree; applications under Order 22 Rule 4 CPC and Section 5 Limitation Act to substitute legal representatives of the deceased sole respondent dismissed for want of prosecution after repeated opportunities. The regular second appeal consequently dismissed as abated.
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Ali Jan (deceased) through LRs & Others Vs. Mohd. Ramzan
RSA No.194 of 2008
14.11.2024
Present: Mr. Abhishek Verma, Advocate for the appellants.
CMP (M) Nos.732 & 733 of 2023
These applications were taken up on 27.6.2023, when notices to the proposed legal representatives of sole respondent were ordered to be issued. On 9.8.2023, the notices, so issued, were received back for want of correct address.
The correct addresses of the proposed legal representatives of deceased respondent were not filed. Thereafter, six effective opportunities were given to the appellants to take steps, but, the steps have not been taken. Thereafter, the matter was also listed twice before the Additional Registrar (Judicial). When, the steps have not been taken, the matter was ordered to be listed before this Court. No justifiable cause has been put forth by the learned counsel for the appellants, for not taking the steps. In such situation, further adjournment for this purpose, is not justifiable. As such, the applications, are dismissed, for want of prosecution.
RSA No. 194 of 2008
Vide order of the even date, passed in CMP(M) Nos. 732 and 733 of 2023, the applications have been dismissed for want of prosecution.
In this case, there is only one respondent, against whom, applications, under Order 22, Rule 4, read with Section 151 of CPC and Section 5 of the Limitation Act, have been dismissed.
As such, the present appeal is dismissed being abated. Pending application(s), if any, shall also stand disposed of.
(Virender Singh) Judge
November 14, 2024 ( ps )
1 issue framed by the court
Whether the appeal abates on dismissal of applications to bring legal representatives of the deceased sole respondent on record.
2 provisions across 2 enactments
Ali Jan (deceased) through LRs & Others
Mohd. Ramzan
Virender Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
