A single-judge order in a succession and property dispute where the High Court dismissed the first appeal on the ground that appellants failed to substitute deceased respondents and demonstrated a loss of interest in pursuing the matter.
First appeal dismissed on the ground of appellants' failure to substitute legal representatives and succumbing death of parties.
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 BENCH AT JAIPUR
S.B. Civil First Appeal No. 107/1991
(i) Ambadan son of Ram Lal, aged 61 years, resident of Village Keriya Khurd
(ii) Dul Bai d/o deceased Smt. Daryav Bai, aged 62 years, wife of late Shri Swaroop Dan, resident of Village Rajpura, Post Ajgara, Tehsil Sarwar, District Ajmer.
(iii) Kama Bai D/o deceased Daryav Bai, W/o Bhawani Dan, R/o Village Bileda, Post Lamba Hari Singh, Tehsil Malpura, District Tonk
(i) Ran Narain, son
(ii) Ram Sahai, son
(iii) Smt. Bhanwar Bai, daughter
all resident of Village Addosiya, Tehsil Malpura, District Tonk.
----Appellants-plaintiffs
Versus
2/1 Mst. Govind Bai widow of Shri Kalyan Dan Resident of Village Addosiya, Tehsil Malpura, District Tonk
2/2. Karan Singh son of late Shri Kalyandan, resident of village Addosiya, Tehsil Malpura, District Tonk.
2/3. Smt. Kamla Bai D/o late Shri Kalyan Dan, wife of Shri Ajeet Singh, resident of village Molki, District Baran (Raj.)
2/4. Smt. Ram Kanwar D/o Late Shri Kalyan Dan wife of Shri Umaid Singh, resident of Village Kot, District Jaipur
2/5. Smt. Sumitra D/o late Shri Kalyan Dan, wife of Shri Bharat Singh, resident of Village Moondia Rampura, District Jaipur 2/6. Sm.t Bhagwan Bai D/o late Shri Kalyan Dan wife of Shri Ghan Shyam, resident of Aachhi Ka Bas, District Dausa
2/7. Smt. Dhannu d/o late Shri Kalyan Dan wife of Shri Kailash, resident of Singodari, District Sikar.
(2 of 4)
[CFA-107/1991]
11/1. Kishore Singh, son, resident of Village Addosiya, Tehsil Malpura, District Tonk.
11/2. Devraj Singh, son, resident of Village Addosiya, Tehsil Malpura, District Tonk. 11/3. Chawad Singh, son, resident of Village Addosiya, Tehsil Malpura, District Tonk.
11/4. Smt. Uchhav Bai wife of Behrari dan resident of Phulera, District Jaipur. 11/5. Smt. Sayar Bai wife of Bhagwati Dan, resident of Godali 12. Ambadan son of Baldev,
(B) Abhay Singh, son, aged 25 years,
(C) Chittar, son, aged 18 years,
(D) Shakti Singh, aged 16 years,
(E) Bhaya, son, aged 10 years
(F) Bhanu Kanwar, daughter, aged 28
(G) Keshar Kanwar, daughter, aged 26
(H) Shanti, daughter, aged 20 years
(I) Bherdu, daughter, aged 14 years
(J) Guddi, daughter, aged 12 years Serial No.(D), (E), (I) and (J) minors through their mother 13/2/3. Hari Singh, aged about 38 years 13/2/4. Gajraj Singh, aged about 35 years.
All sons of late Shri Shridan, resident of Addosiya, Tehsil Malpur, District Tonk.
-----Defendants-respondents
For Appellant(s) : Mr. Siddharth Bapna For Respondent(s) : Mr. R.K. Mathur Sr. Adv. with Mr. Ram Prasad Sharma
HON'BLE MR. JUSTICE SUDESH BANSAL Order
07/12/2022
(3 of 4)
[CFA-107/1991]
their civil suit for declaration and possession instituted way back on 1.2.1978 was dismissed on merits.
(4 of 4) [CFA-107/1991]
representatives or to pursue the first appeal on merits. It appears that appellants have lost interest in pursuing the appeal.
(SUDESH BANSAL),J
NITIN /25
2 issues framed by the court
Whether the first appeal should be allowed or dismissed given the death of key parties and lack of substitution.
Whether the appellants have lost interest in pursuing the appeal due to procedural inaction.
Daryav Bai represented by her legal heirs
Govind Bai represented by her legal heirs
Hanot Dan son of Shri Fateh Karan
Sudes Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
