Allowed

Tej Prakash v. Gopi Chand

Rajasthan HC6 May 2022CFA/167/2004

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed applications for condonation of delay and abatement of suit. Subsequently, upon recording an attested settlement agreement filed by the parties, the civil first appeal was disposed of in terms of the compromise, with all pending applications disposed of accordingly.

What did the court decide?

Delay condoned; legal representatives taken on record; appeal disposed of based on attested compromise; pending applications disposed of.

Tej Prakash Vs Gopi Chand — Civil Procedure and Limitation | Rajasthan HC (2022)

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[CFA-167/2004]

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(1 of 2)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil First Appeal No. 167/2004

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Tej Prakash S/o Sh. Ratanlal

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----Appellant

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Versus

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Gopi Chand S/o Sh. Gaindi Lal Ji Goyal

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----Respondent

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For Appellant(s) : Mr. M.M. Ranjan, Sr. Adv. assisted by Mr. Daulat Sharma For Respondent(s) : Mr. Sumit Khandelwal

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

06/05/2022

IA No. 01/2021

For the reasons stated in the application under Section 5 of the Limitation Act, the delay in filing the applications under Order 22 Rule 4 CPC and under Order 22 Rule 9 of the CPC is condoned.

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Heard on the applications under Order 22 Rule 4 CPC and under Order 22 Rule 9 of the CPC.

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For the reasons stated in the applications under Order 22 Rule 4 CPC and under Order 22 Rule 9 of the CPC, the same are allowed and the legal representatives of respondent no.1 Gopi Chand, who expired on 27.2.2018, as mentioned in para no.1 of the application, are taken on record and abatement, if any, is set aside.

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The amended cause title already filed, is taken on record.

[CFA-167/2004]

(2 of 2)

IA No.1/2022 :

In the first round of hearing, learned counsel appearing for the parties submits that the appellant and the respondent no.1/1 have comprised the matter amicably outside the Court and the appellant is not seeking any relief against the respondent nos.1/2 and 1/3 and consequently the application (IA No.1/2022) has been preferred for taking on record the said compromise and for disposing of the appeal in terms of the compromise.

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This Court directed the Registrar (Judl) to attest the compromise filed alongwith the application (IA No.1/2022).

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After attesting the compromise, the matter was taken up for consideration in second sessions of the Court.

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The application (IA No.1/2022) is thus allowed, the attested compromise is taken on record and the civil first appeal is disposed of in terms of the compromise.

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All pending interlocutory applications as well as the stay application also stand disposed of accordingly.

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(MADAN GOPAL VYAS),J

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SAHIL SONI /15

Tej Prakash v. Gopi Chand

Case brief

What is this about?

What did the court decide?

Tej Prakash v. Gopi Chand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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