The High Court examined the status of a civil appeal filed decades ago where the appellant had died. The court found the appeal abated due to failure to substitute legal representatives.
Appeal dismissed as abated and for want of prosecution
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
..
S.B. CIVIL SECOND APPEAL NO. 308 / 1994.
Mana S/O Bharmal Ji Teli, aged 67 years, Resident of Kelwa, Tehsil – Rajsamand, Distt. Rajsamand.
----Appellant/Plaintiff
Versus
2/2. Shri Mangilal S/O Shankarlal Teli
2/3. Shri Kani Ram S/O Shankarlal Teli
2/4. Shri Hemraj S/O Shankarlal Teli
2/5. Smt. Kamla D/O Shankarlal Teli
All Residents of Kelwa,Distt. Rajsamand Udaipur.
----Respondents
(2 of 2)
[CSA-308/1994]
For Appellant(s) : Mr. G.S. Rathore on behalf of Mr. Deelip Kawadia.
For Respondent(s) : Mr. N.K. Vyas.
JUSTICE DINESH MEHTA
Judgment
18/05/2018
The present appeal is languishing for want of taking requisite steps, in wake of death of the appellant since May, 2017.
Despite lapse of an year, no steps have been taken for bringing legal representatives of the deceased appellant on record, in an appeal, which had been filed in the year 1994.
In view of the above, the appeal is dismissed as abated as well as for want of prosecution.
(DINESH MEHTA), J.
/Mohan/43
1 issue framed by the court
Whether the civil appeal can be admitted in absence of legal representatives of the deceased appellant?
Mana S/O Bharmal Ji Teli
Mukesh Kumar S/O Madanlal Ji
Legal Representatives of late Shankar Lal S/O Roda Ji
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
