The High Court of Rajasthan allowed an application filed after a delay of over three years. The court held that no bona fide cause was shown for the delay and consequently abated a pair of connected civil appeals.
The appeals stand abated.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil First Appeal No. 241/2005
Mohd Umar And Ors
----Appellant
Versus
Mohd Rayees Khan And Ors
----Respondent
Connected With
S.B. Civil First Appeal No. 221/2005
Mohammad Shakeel
----Appellant
Versus
Mohd Rais Khan And Ors
| ----Respondent | |
|---|---|
| For Appellant(s) | : Mr. S.S. Ali Mr. Chandra Shekhar for Mr. Bharat Saini |
| For Respondent(s) | : Mr. Praveen Jain |
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
18/04/2023
Matter comes up on an application (1/2022) under Order 22 Rule 3 & 4 CPC read with Section 151 CPC filed by the appellant for deleting the name of appellant No.5-Amna from the array of the appellant on account of her death and taking LRs of plaintiffrespondent No.1 Mohd. Rayees Khan on record on account of his death.
Learned counsel for the respondent submits that plaintiffrespondent No.1 Mohd. Rayees Khan died on 26.3.2019. He filed an application under Order 22 Rule 10A CPC on 15.4.2019. This
(2 of 2) [CFA-241/2005]
court vide order dt. 8.7.2019 directed the appellant to do the needful in that regard but appellant has filed the present application on 15.10.2022 i.e. after a lapse of more than 3 years. So, appeal be abated.
I have heard learned counsel for the appellant as well as learned counsel for the respondent.
It is admitted position that plaintiff-respondent No.1 Mohd. Rayees Khan died on 26.3.2019 and respondent had filed the present application giving information regarding death of Mohd. Rayees Khan on 15.4.2019. This court vide order dt. 8.7.2019 directed the appellant to do the needful but appellant has filed the present application for taking LRs of Mohd. Rayees Khan on record after a lapse of more than 3 years. No bona fide cause has been shown regarding inordinate delay of more than 3 years in filing the application.
So, these appeals stand abated.
(NARENDRA SINGH DHADDHA),J
Brijesh 23-34.
1 issue framed by the court
Whether the appeal stands abated due to inordinate delay of more than three years in filing the application for substitution of parties?
Mohd Umar
Mohd Rayees Khan
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
