The High Court condoned delay in filing an application under Order 22 Rules 4 and 9 CPC, allowed setting aside abatement and taking legal representatives on record, and dismissed the appeal as withdrawn.
Delay condoned; legal representatives taken on record; abatement set aside; appeal dismissed as withdrawn.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Civil First Appeal No. 43/2015
Laxmi Devi
----Appellant
Versus
Smt. Mangu Bai And Ors.
----Respondent
For Appellant(s) : Mr. Tribhuvan Gupta For Respondent(s) : Mr. Bharat Boob
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order
04/07/2024
An application under Section 5 of the Limitation Act has been filed for condonation of delay in filing the application under Order 22 Rule 4 & 9 of CPC.
For the reasons stated in the application, the same is allowed. Delay in filing the application under order 22 Rule 4 & 9 of CPC is hereby condoned.
Another application (2/2023) has been filed under order order 22 Rule 4 & 9 R/w Section 151 of C.P.C. for bringing on record LR’s of respondent No.4 and for setting aside the abatement of appeal.
For the reasons stated in the application, the same is allowed. The legal representatives of respondent No.4 as detailed in the application are hereby taken on record and the abatement of the appeal is also set aside.
Another application (1/2023) has been filed for refunding the court fee and for withdrawal of the first appeal since the compromise arrived at between the parties.
[CFA-43/2015]
For the reasons stated in the application, the same is allowed.
Hence, the present civil first appeal is dismissed as withdrawn.
The stay application is also decided.
The Registrar (Judicial) is directed to return the court fee to the counsel for the appellant.
(MANOJ KUMAR GARG),J
40-arjun/-
3 issues framed by the court
Whether delay in filing application under Order 22 Rules 4 and 9 CPC be condoned.
Whether legal representatives be taken on record and abatement set aside.
Whether the appeal be dismissed as withdrawn.
3 provisions across 2 enactments
Laxmi Devi
Smt. Mangu Bai And Ors.
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
