Single-judge order dismissing a second appeal in non-prosecution because the application to implead legal representatives was filed 10 years after the appellant's death with no response from proposed representatives.
Present second appeal and all pending applications dismissed in non-prosecution.
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[2023/RJJD/005461]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Second Appeal No. 190/2000
Shri Bhanwar Lal S/o Shri Gamer Lal Jain, R/o Savina, Tehsil Girwa, District Udaipur.
----Appellant
Versus
----Respondents
| For Appellant(s) | : Mr. Suresh Shrimali |
|---|---|
| For Respondent(s) | : Mr. DeelipKawadia |
HON'BLE MS. JUSTICE REKHA BORANA
Order
16/02/2023
In the present appeal, the application under Order XXII Rule 3, CPC for substitution of the legal representatives of the sole appellant Bhanwar Lal had been preferred in the year 2019. A reply to the said application was preferred on behalf of the respondents and it was submitted that the said application does not deserve to be allowed as the same had been preferred with a delay of 10 years as the appellant had expired in the year 2009 whereas the application was preferred in the year 2019.
Today, learned counsel for the appellant Mr. Suresh Shrimali pleaded no instructions in the matter with a submission that despite notice dated 09.11.2022 sent through registered post being served on all the proposed legal representatives, they have not contacted him and therefore, he is not in a position to file any power on their behalf so as to pursue the present appeal.
[2023/RJJD/005461]
[CSA-190/2000]
(2 of 2)
In view of the specific fact that the application under Order XXII Rule 3, CPC was preferred after a delay of 10 years and further that the proposed legal representatives have not responded to the counsel and the counsel has pleaded no instructions, it seems that they are not interested in being impleaded and pursuing the present litigation.
In view of the above observations, the present second appeal
is dismissed in non-prosecution.
All the pending applications also stand dismissed.
(REKHA BORANA),J
12-Sachin/-
1 provisions across 1 enactments
Shri Bhanwar Lal S/o Shri Gamer Lal Jain
The Urban Improvement Trust, Udaipur through its Chairman
The Tehsildar, Urban Improvement Trust, Udaipur
Rekha Borana
As recorded by the court registry
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