The High Court dismissed the civil appeal, holding that it stood abated because respondent No.1, Manohar Lal Kaloya, expired on 29.07.2016 and no application to substitute his legal representatives had been filed.
The appeal stands abated and dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil First Appeal No. 54 / 2004
----Plaintiffs-Appellants
Versus
----Defendant-Respondent Connected With
S.B. Civil First Appeal No. 55 / 2004 Omprakash ----Appellant Versus Vinod Kumar Kaloya & Ors ----Respondent _____________________________________________________ For Appellant(s) : Mr. M M Ranjan, Senior Counsel assisted by Mr. Ashutosh Sharma
For Respondent(s) : Mr. O P Mishra
HON'BLE MR. JUSTICE PRAKASH GUPTA Judgment
05/12/2017
In S.B. Civil First Appeal No. 54 / 2004
Matter has come up on an application whereby it is prayed that in view of the fact that respondent No.1 Manohar Lal
(2 of 2)
[CFA-54/2004]
Kolya expired on 29.07.2016 and no application for bringing his legal representatives has been filed, therefore, the appeal has abated.
In view of the aforesaid, this appeal stands abated.
(PRAKASH GUPTA)J.
Sanjay Gaur/18-19
1 issue framed by the court
Whether the civil appeal abated due to the death of the respondent involved without bringing legal representatives on record.
Om Prakash adopted son of Shri Phoolchand
Gopal adopted son of Shri Manakchand
Manohar Lal Kaloya
Lalit son of Shri Manakchand
Prakash Gupta
As recorded by the court registry
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