The court dismissed the first appeal filed by the defendant-appellant, holding that the appeal abated as the appellant expired and no legal representatives appeared to continue the proceedings.
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S.B.CIVIL FIRST APPEAL NO.165/1991 Bheem Singh Vs. Narendra Singh
Date of Order :: 10th February 2015
HON’BLE Dr.JUSTICE VINEET KOTHARI
Mr.D.R.Bhandari for the appellant None present for the respondent
This first appeal has been filed by the defendant-appellant against the judgment and decree dated 30.09.1991 in Civil Suit No.59/1986 whereby the Trial Court partly decreed the suit for compensation and awarded a sum of Rs.13,000/- in favour of the plaintiff.
Learned counsel for the appellant submits that since the defendant-appellant Bheem Singh expired vide postal report dated 08.06.2011 and in absence of his legal representatives, the appeal has abated.
Nobody appears for the respondent to controvert this statement.
The appeal is dismissed as having been abated. A copy of this order be sent to the parties on the address as given in the memo of appeal.
(Dr.VINEET KOTHARI),J.
MK
1 issue framed by the court
Whether the appeal abated due to the death of the appellant without successors.
Bheem Singh
Vineet Kothari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
