The High Court of Rajasthan at Jodhpur dismissed the civil second appeal as abated. It was held that the sole appellant had expired and no steps were taken to substitute his legal representatives.
The appeal is dismissed as having abated; stay petition and all pending applications are disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:37435]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Second Appeal No. 69/1999
Jogendra Singh
----Appellant
Versus
Dungar Ram
----Respondent
| For Appellant(s) | : Mr. Shashank Joshi |
|---|---|
| For Respondent(s) | : Mr. Vishal Singhal |
HON'BLE MS. JUSTICE REKHA BORANA
Order
02/11/2023
An application has been preferred on behalf of respondents with the submission that sole appellant-Jogendra Singh had expired approx.15-16 years ago and no steps for substitution of his legal representatives have been taken therefore, the appeal be ordered to have been abated. Vide the said application, it has also been informed that respondent No.1/1 has also expired and further that name of respondent No.1/2 has wrongly been got deleted by the appellants whereas she is alive.
On the last occasion, that is, 07.02.2023 when the matter was listed for orders on the stay application, learned counsel for the appellants prayed for time to complete his instructions.
Today, learned counsel has placed on record registered letter sent by him to the appellant which has been received back with the report that he has expired. The letter is taken on record.
(2 of 2)
[2023:RJ-JD:37435]
[CSA-69/1999]
In view of the admitted fact that appellant-Jogendra Singh has expired and no steps qua him have been taken, the present appeal is dismissed as having abated.
Stay petition and all pending applications, if any, stand disposed of.
(REKHA BORANA),J
37-T.Singh/-
1 issue framed by the court
Whether the appeal abates due to the death of the sole appellant without substitution.
Jogendra Singh
Dungar Ram
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
