Rajasthan High Bench at Jaipur dismissed a S.B. Civil First Appeal in abatement due to the death of the sole respondent plaintiff without impleadment of legal representatives within the stipulated time.
Appeal dismissed in abatement as it stood abated following the death of the sole respondent without impleadment of legal representatives.
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:35]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil First Appeal No. 288/2008
Rajasthan Housing Board Through Secretary, Jyoti Nagar Jaipur
----Appellant
Versus
----Respondent
| For Appellant(s) | : Mr. ParagRastogi |
|---|---|
| For Respondent(s) | : Mr. Banwari Lal Saini for |
| Ms. Namaita Parihar |
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
02/01/2024
On 1.08.2023 a fact was informed by learned counsel for Respondent about the death of sole respondent No.1 Kamla Bhargava but thereafter no steps were taken till date by the appellant to substitute and implead legal representatives of respondent No.1.
Learned counsel for appellant submitted that despite his efforts the officials of appellant has not contacted him so he needs time.
Considered the submissions of learned counsels for the parties.
After death of sole respondent plaintiff and supply of information on 01.08.2023, no effective steps were taken to
[2024:RJ-JP:35]
[CFA-288/2008]
(2 of 2)
implead or substitute legal representatives of respondent No.1 within stipulated time who was sole plaintiff before the Trial Court.
Considering aforesaid the appeal stands abated.
Hence, the appeal is dismissed in abatement.
Misc. application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J
MONU /11
2 issues framed by the court
Whether the appeal abates upon the death of the sole respondent without substitution of legal representatives.
Whether the appellant's failure to implead legal representatives after notice necessitates dismissal in abatement.
Rajasthan Housing Board Through Secretary, Jyoti Nagar Jaipur
Kamla Bhargava
O.P. Bohra
Ashok Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
