Dismissed

Chet Ram v. Nathu and Anr.

Rajasthan HC25 Jan 2022CFA/624/2005

Case brief

AI extract

What is this about?

This order on Civil Miscellaneous Application allowed the substitution of legal representatives of the deceased appellant under Order 22 Rule 3 CPC. Subsequently, the appeal was dismissed as withdrawn pursuant to a settlement under the inherent powers of the court under Section 151 CPC.

What did the court decide?

Legal representatives of the deceased appellant taken on record; Appeal dismissed as withdrawn; Stay application and pending applications dismissed.

Chet Ram Vs Nathu and Anr. — Civil Procedure and Limitation | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil First Appeal No. 624/2005

¶3

Chetram S/o Gopiram Mali, R/o Tijara Tehsil Tijara Distt. Alwar (since deceased) Through his legal representatives : 1/1. Ramesh Chand Saini S/o late Chetram, aged 50 years 1/2. Laxman Singh Saini S/o Late Chetram, aged 45 years, 1/3. Suresh Chand Saini S/o Late Chetram, aged 40 years All are R/o Near Power House, Tijara, District Alwar 1/4. Smt. Santo Devi W/o Late Shri Chetram, aged 80 years, by caste mali resident of near power house, tijara, tehsil Tijara, District Alwar.

¶4

1/5. Smt. Omvati Saini W/o Shri Ghanshyam Saini daughter of late Shri Chetram, aged 60 years, by caste Mali, resident of jatti ki Bagichi, Maliyon-ka-Mohalla, Mani-ka-bad, Alwar.

¶5

1/6. Smt. Tara Devi w/o Shri Mam Chand, daughter of late Shri Chetram, aged 45 years, by caste Mali, resident of Garh Bhitar Masjid-ke-pas, Jhirka, Firozpur (Haryana)

¶6

1/7. Smt. Manju Devi w/o Satish Saini, daughter of late Shri Chetram, aged 43 years, by caste Mali, resident of Khyal Bag, Rajgarh,District Alwar.

¶7

Appellant-Plaitiff

¶8

Versus

¶9

Nathu S/o Evaj Mali, R/o Tijara, Tehsil Tijara District Alwar (since deceased) through his legal representatives - 1/1. Chanda Devi w/o late Nathu 1/2. Govind S/o Late Nathu 1/3. Suresh S/o late Nathu

¶10

1/4. Kalu S/o late Nathu

¶11

1/5. Bimla daughter of late Nathu 1/6. Sheela daughter of late Nathu 1/7. Billo daughter of late Nathu 1/8. Seema daughter of late Nathu All residents of Tijara, Tehsil Tijara, District Alwar 2. Smt. Ramwati W/o Ram Singh Sunar, resident of near Shyamji Temple, Tijara, Tehsil Tijara,District Alwar.

¶12

----Respondents/Defendants

¶13

For Appellant(s) : Mr. Ashvin Garg, Advocate through VC For Respondent(s) : Mr. JR Tantia, Advocate through VC

¶14

HON'BLE MR. JUSTICE PRAKASH GUPTA Order

¶15

25/01/2022

¶16

S.B. Civil Misc. Application No. 2/2022:-

¶17

(2 of 2)

¶18

[CFA-624/2005]

¶19

Matter comes up on an application (No.2/2022) under Order 22 Rule 3 CPC for taking the legal representatives of the deceased appellant Chetram on record.

¶20

For the reasons mentioned in the application, the application is allowed. Legal representatives of the deceased appellant Chetram, detailed in para 2 of the application, are taken on record. Amended cause title, which has already been filed, is also taken on record.

¶21

S.B. Civil Misc. Application No. 1/2022

¶22

Matter comes up on an other application (No. 1/2022) under Section 151 CPC for withdrawal of the appeal in view of the settlement arrived at between the legal representatives of appellant.

¶23

Application is allowed for the reasons mentioned therein and the civil first appeal is dismissed as withdrawn.

¶24

Consequent upon the dismissal of the appeal, interim order, if any, stands vacated and the stay application and other pending application, if any, also stand dismissed.

¶25

(PRAKASH GUPTA),J

¶26

Mohit-31

Chet Ram v. Nathu and Anr.

Case brief

What is this about?

What did the court decide?

Chet Ram v. Nathu and Anr.

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

Similar cases

Dulichand S/O Shri Lalaram Vs the Mahaveer Housing Co. Operative Society Ltd.

Smt. Meena Kumari Pareek W/O Shri Lalit Kumar D/O Shri Rakesh Vs Lalit Kumar Pareek S/O Shri Badrilal

Vikram Meruta S/O Hazari Lal Vs State of Rajasthan

Ali Mohd. S/O Shri Habula Vs State of Rajasthan

Guddi Bai D/O Kalu Vs Mangi Bai W/O Balaram

Moti Lal Verma S/O Ramnath Verma Vs Kunj Bihari S/O Bhojraj