A single judge dismissed an appeal as abated due to the death of the respondent, noting the failure to file a necessary substitution application. Consequently, a related interim application seeking clarification was dismissed as infructuous.
Appeal dismissed as abated; application for clarification dismissed as infructuous.
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S.B. CIVIL FIRST APPEAL NO.68/2002
Dheeraj Singh & Anr. Vs.
Mst. Renwati
Date of Order :: 04.04.2013
HON'BLE MR. JUSTICE ARUN BHANSALI
None present for the appellants. Mr. A.K. Singh } Mr. Vinay Chhipa } Mr. Sanjay Nahar} for the respondent.
No one is present on behalf of the appellants even in second round.
An application under Order XXII, Rule 10A CPC has been filed by counsel for sole respondent intimating that the sole respondent has died on 28.04.2009. A copy of the said application was served on the counsel for the appellant on 7.11.2012.
Despite passage of more than four months, no application for bringing on record the legal representatives of the sole respondent and seeking setting aside abatement has been filed.
In that view of the matter, the application filed by counsel for the sole respondent is disposed of and the appeal is dismissed as having abated.
In view of the dismissal of the appeal, the application filed by the applicants being I.A. No.12188/2012 seeking clarification of interim order dated 26.03.2002 is rendered infructuous and the same is, therefore, dismissed as having become infructuous.
(ARUN BHANSALI), J.
A.K. Chouhan/- 23
2 issues framed by the court
Whether the appeal should be dismissed as having abated due to the death of the respondent without filing substitution or abatement application.
Whether the interim application seeking clarification should be dismissed as having become infructuous in light of the dismissed appeal.
Dheeraj Singh & Anr.
Mst. Renwati
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
