The High Court dismissed an appeal filed by an insurance company under Section 151 CPC, holding that the appeal is abated because the legal heirs of the deceased original respondents were not substituted on record despite a previous order.
The appeal is dismissed as abated. The application filed under Section 151 CPC is also disposed.
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[2023:RJ-JP:25258]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2539/2005
Oriental Insurance Company Ltd., Regional Office, Anand Bhawan, Sansar Chandra Road, Jaipur.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr.KJ Mehta For Respondent(s) :
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
26/09/2023
The matter comes up on an application No.1/23 dated 01.09.2023 filed by the appellant - Insurance company under Section 151 CPC.
This fact has been mentioned in the application itself that vide order dated 19.01.2022, this Court had ordered that if legal heirs of the respondent Nos.1 & 2 are not taken on record, the appeal shall be treated as abated.
It has further been mentioned in the application that counsel for the appellant has informed orally to the Insurance Company but they have not taken any steps in this regard.
[2023:RJ-JP:25258]
[CMA-2539/2005]
(2 of 2)
On perusal of the order dated 19.01.2022, it is revealed that as per the office report, the respondent Nos.1 & 2 had passed away in the year 2022 and this fact has been taken on record, yet the appellant - Insurance Company has not taken any steps in this regard.
Therefore, this Court dismisses the present appeal being abated.
This disposes of the application as well.
(ASHUTOSH KUMAR),J
Preeti Asopa /76
1 issue framed by the court
Whether the civil miscellaneous appeal lapses if legal heirs of a respondent proposed for substitution die without the appellant taking requisite steps.
1 provisions across 1 enactments
Oriental Insurance Company Ltd.
Ramaji Urf Sobu
Sayar w/o Sobu Urf Ramaji
Ramkaran s/o Moti Ram
Dolla Ram s/o Gulla Ram
Gograj s/o Mana Ram
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
