On an application under Order 22 Rule 10-A CPC regarding the death of the sole appellant, the High Court held that the appeal abated and was dismissed.
Appeal dismissed and consigned to record due to abatement on death of sole appellant.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil First Appeal No. 29/1993
Manoharlal S/o Shri Nanak chand by caste Soni resident of House No.869/1 ward No.29, Purani Abadi, Sri Ganganagar.
----Appellant
Versus
Baljinder Singh S/o Mukhtiar Singh by caste Jat Sikh resident of Baham Tehsil Mukatsar Distt. Faridkote (Punjab).
----Respondent
For Appellant(s) : Ms. Dhankanwar for Mr. B.M Aggarwal For Respondent(s) : Mr. S.L. Jain
HON'BLE MR. JUSTICE P.K. LOHRA
Order
30/10/2018
Matter comes up on application under Order 22 Rule 10-A CPC laid on behalf of respondent.
It is, inter-alia, averred in the application that sole appellant Monohar Lal has expired on 05.05.2007 and no endeavour is made for bringing his legal heirs on record till date. The application is duly supported by affidavit of respondent.
During the course of arguments, learned counsel for the respondent has also produced death certificate of appellantManoharlal.
In view of death of sole appellant, the instant appeal stands abated and the same is accordingly dismissed and consigned to record.
(P.K. LOHRA),J
Bharti/81
1 issue framed by the court
Whether the appeal abates upon the death of the sole appellant without legal heirs being brought on record.
1 provisions across 1 enactments
Manoharlal S/o Shri Nanak chand
Baljinder Singh S/o Mukhtiar Singh
P.K. Lohra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
