In this civil second appeal, the appellant contended that causes of action do not survive as the sole respondent died before hearing. The High Court held the appeal infructuous and dismissed it accordingly.
The appeal was dismissed as it had become infructuous due to the death of the respondent.
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.
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[CSA-237/2014]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Second Appeal No. 237/2014
----Appellant
Versus
Gordhan Singh S/o late Sh. Mohan Lal, R/o House No.367, Gali No.9 Milkman Colony, Jodhpur.
----Respondent
For Appellant(s) : Mr. C.P. Soni. For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
13/01/2021
Learned counsel for the appellant submits that the suit was filed by the appellants seeking recovery against the respondent in his official capacity, the respondent has died on 30.01.2020 and the cause in the present appeal does not survive against the legal representatives of the sole-respondent and, therefore, the appeal has been rendered infructuous.
In view of the submissions made, the appeal is dismissed as having become infructuous.
(ARUN BHANSALI),J
87-pradeep/-
1 issue framed by the court
Whether the appeal survives against the sole respondent who died before the hearing, rendering the appeal infructuous.
Sri Kshetriya Rawat Jati Sabha through President of Chandra Singh S/o Dau laL Ji
Sri. Kshetriya Rawat Jati Sabha through Secretary Kamal Singh Bhati
Gordhan Singh S/o late Sh. Mohan Lal
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
