In S.B. Civil First Appeal No. 57/2009, the court dismissed the appeal in abatement due to the death of the sole respondent without substitution of legal representatives within the stipulated time.
Appeal dismissed in abatement.
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[2024:RJ-JP:280]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil First Appeal No. 57/2009
----Appellant
Versus
Radhey Shyam S/o Sh. Meetha Lal, R/o 35-36, Vijay Nagar-A Kartarpura, Jaipur.
----Respondent
For Appellant(s) : Mr. Yash Wardhan Tolani for Mr. M.M. Ranjan, Sr. Adv. For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 03/01/2024
Learned counsel needs time to take steps to substitute or implead legal representatives of sole respondents.
Considered his request.
On 04.04.2017, the Court has noticed that notice of sole respondents received unserved with remark that he has expired. Thereafter, the matter was listed on 30.10.2023 and adjourned for four weeks. Again on 30.11.2023, the matter was listed and adjourned for today. It appears that despite notice of death of sole respondents no steps were taken so as to implead or substitute legal representatives within stipulated time by the appellant. The appeal cannot survive in absence of substitution of legal representatives.
Hence, it got abated therefore, the appeal is dismissed in abatement.
[2024:RJ-JP:280]
[CFA-57/2009]
(2 of 2)
Misc. application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J
GAURAV /Arun /55
Shanti Devi W/o Sh. Gopal Lal Saini and Munni Devi W/o late Sh. Bal Chand
Radhey Shyam S/o Sh. Meetha Lal
Ashok Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
