The Single Judge bench allowed the respondent's application under Order 22 Rule 4(3) CPC for dismissal of a civil appeal as abated due to the death of the sole appellant without bringing legal representatives on record.
Application under Order 22 Rule 4(3) CPC allowed; appeal dismissed as abated.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 6956/2011
Seth Baldevsahay Harsahaymal Mahavala, Trust registered through present president Satya Narayan Agrawal S/o Rameshwar Agrawal, aged 69 years, profession Business, R/o Mukam Post Kanwat, District. Sikar, Rajasthan & present address Tantigari Paschim Medinipur (W.B.) 721102 and through Manager Ravi Sharma S/o Kanhaiyalal Sharma, aged about 50 years, R/o Mukam Post Kanwat, District Sikar, Rajasthan
----Appellant
Versus
Radheshyam Jangid S/o Shri Biharilal Jangid, aged 54 years, Profession Business, R/o Ward No.5, Mukam Post Kanwat, District Sikar, Rajasthan
----Respondent
| For Appellant(s) For Respondent(s) |
: Mr. Harshad Kapoor through video conferencing : Mr. Anoop Dhand through video conferencing |
|---|
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
14/07/2021
Matter has come up on an application bearing Inward No.1/2021 filed under Order 22 Rule 4(3) by the respondent for dismissal of appeal as having been abated on account of death of the sole appellant/defendant Satya Narayan Agrawal.
Learned counsel for the respondent submits that the sole appellant/defendant Satya Narayan Agrawal had expired on 20.04.2020 and no application has been filed for bringing his legal representatives on record. This appeal has automatically abated
(2 of 2)
[CMA-6956/2011]
after a period of ninety days of his death and the appeal may be dismissed as abated.
Application is allowed for the reasons stated therein. Consequently, the present appeal is dismissed as
abated.
(CHANDRA KUMAR SONGARA),J
Satyendra/12
1 issue framed by the court
Whether the appeal abates upon death of the sole appellant without legal representatives being brought on record.
1 provisions across 1 enactments
Seth Baldevsahay Harsahaymal Mahavala
Radheshyam Jangid
Satya Narayan Agrawal
Chandra Kumar Songara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
