A Single Bench Civil First Appeal was dismissed in abatement because the appellant failed to bring legal representatives of the deceased sole respondent on record despite a notice, rendering the appeal a nullity.
The appeal was dismissed in abatement due to failure to substitute legal representatives of the deceased respondent within the stipulated time.
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.
[2024:RJ-JP:181]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil First Appeal No. 152/2008
----Appellants
Versus
Munshi Lal S/o Johri Lal, R/o Gangapur City, Distt. Sawai Madhopur
----Respondent
Connected With
S.B. Civil First Appeal No. 350/2007
Sher Singh
----Appellant
| Versus | ||
|---|---|---|
| Smt Premila Devi | ----Respondent | |
| For Appellant(s) | : | Ms. Chhaya Sharma for Mr. Amit Kumar Sharma |
| For Respondent(s) | : | Mr. Achintya Kaushik for Mr. Ganesh Meena |
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
[2024:RJ-JP:181]
[CFA-152/2008]
(2 of 2)
02/01/2024
S.B. Civil First Appeal No. 152/2008
Learned counsel for respondent submits that an application under Order 22 Rule 10-A read with Section 151 was filed on 11.11.2021 for supplying a copy to learned counsel for appellants informing death of sole respondent- Munshi Lal on 22.11.2020 but despite that no steps were taken by the appellant to substitute legal representatives of respondent on record.
Learned counsel for appellant requests for adjournment. Considered the submissions.
An application under Order 22 Rule 10-A read with Section 151 CPC was filed on 11.11.2021 informing the fact that sole respondent Munshi Lal died on 22.11.2020 since then no efforts were initiated for bringing legal representatives of sole respondent on record within stipulated time.
The appeal cannot survive as the legal representatives of sole respondent were not brought on record within stipulate time. Hence, the CFA No. 152/2008 is dismissed in abatement.
Misc. application, if any, stands disposed of.
S.B. Civil First Appeal No. 350/2007
List for hearing in the month of March, 2024.
(ASHOK KUMAR JAIN),J
CHETNA BEHRANI /40-41
1 issue framed by the court
Whether an appeal abates if legal representatives of a deceased respondent are not substituted within the stipulated time.
Manju Devi
Kirti Kumari
Kuldeep Singh
Natwar Singh
Sher Singh
Premila Devi
Ashok Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
