Dismissed

Sita Ram v. Jugal Kishore

Rajasthan HC9 Feb 2024CFA/628/2003

Case brief

AI extract

What is this about?

The High Court held that appeals abate when the appellant or respondent dies and legal representatives are not brought on record despite being given time. Consequently, the appeals were dismissed in abatement and the connected appeals were disposed of as such.

What did the court decide?

Appeals dismissed in abatement. Miscellaneous application, if any, disposed of. Rule of substitution not followed due to inaction.

Sita Ram Vs Jugal Kishore — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:6993]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil First Appeal No. 628/2003

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Sita Ram son of Shri Ramdhan

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Babulal son of shri Ramdhan

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Both are residents of Third Crossing, Kundigaron Bhaironji Ka Rasta, Police Station Manak Chouk, Johari Bazar, Jaipur.

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----Appellants

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Versus

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Jugal Kishore son of Shri Ramdhan

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Mannalal son of Shri Ramdhan

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Both are residents of Third Crossing, Kundigaron Bhaironji Ka Rasta, Police Station Manak Chouk, Johari Bazar, Jaipur.

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----Respondents

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Connected With

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S.B. Civil First Appeal No. 475/2003

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Jugal Kishore son of Ramdhan resident of House No.4634, Kundigaron Ke Bheruji Ka Rasta, 3^rd Crossing, Johari Bazar, Jaipur.

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----Appellant

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Versus

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Sita Ram son of Shri Ramdhan, resident of House No.4634, Kundigaron Ke Bheruji Ka Rasta, 3^rd Crossing, Johari Bazar, Jaipur.

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Babulal son of shri Ramdhan, resident of House No.4634, Kundigaron Ke Bheruji Ka Rasta, 3^rd Crossing, Johari Bazar, Jaipur.

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Manna Lal son of Shri Ramdhan, resident of House No.4634, Kundigaron Ke Bheruji Ka Rasta, 3^rd Crossing, Johari Bazar, Jaipur.

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----Respondents

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For Appellant(s) : Mr. M.M. Ranjan, Sr. Adv. Mr. Lokesh Tiwari, Adv. For Respondent(s) : Mr. A.K. Bhandari, Sr. Adv. With Mr. Rakshit Jain, Adv.

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

[2024:RJ-JP:6993]

[CFA-628/2003]

(2 of 3)

Order

09/02/2024

S.B. Civil First Appeal No. 628/2003:-

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An application under Order 22 Rule 10-A CPC read with Section 151 CPC was filed on 22.07.2022 intimating death of respondent No.1-Jugal Kishore on 29.03.2022, since then no steps were taken by the appellants for bringing legal representatives of Jugal Kishore on record, despite the fact that the matter was listed on 26.07.2023 and the appellants were allowed time for the same.

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Respondent No.2 has already expired and this has been reflected before his name.

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No effective steps were taken within stipulated time for bringing legal representatives on record in place of deceased respondent No.1.

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Therefore, the instant appeal abates and the same is dismissed in abatement.

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Miscellaneous application, if any, stands disposed of.

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S.B. Civil First Appeal No. 475/2003:-

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An application under Order 22 Rule 3 CPC and Order 22 Rule 9 CPC read with Section 151 CPC was filed on 13.07.2022 intimating death of appellant-Jugal Kishore on 29.03.2022, since then no steps were taken by the appellant for bringing legal representatives of Jugal Kishore on record, despite the fact that the matter was listed on 26.07.2023 and the appellant was allowed time for the same.

[2024:RJ-JP:6993]

[CFA-628/2003]

(3 of 3)

No effective steps were taken within stipulated time for bringing legal representatives on record in place of deceasedappellant.

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Therefore, the instant appeal abates and the same is dismissed in abatement.

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Miscellaneous application, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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Ashwani /-56-57

Sita Ram v. Jugal Kishore

Case brief

What is this about?

What did the court decide?

Sita Ram v. Jugal Kishore

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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