State of Raj and Ors. v. Jagdish Prasad Agrawal
Case brief
What is this about?
The appeal filed by the State Director was abated on the application filed under Order 22 Rule 10A CPC. The Omerta noted that the sole respondent died, and no steps were taken by the State to bring the legal representatives on record for 14 months following the application. On abatement. Disposed of the application. The court abated the civil miscellaneous appeal due to death of the sole responden
What did the court decide?
Civil miscellaneous appeal dismissed in abatement. Miscellaneous application disposed of.
What the court decided
[2024:RJ-JP:16662]
fHIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 3062/2009
State of Rajasthan through Executive Engineer, Public Works Department, Division Dholpur
----Appellant
Versus
Jagdish Prasad Agrawal, Government Contractor, Near Vinayak Garden, Arawali Marg, Shipra Path, Mansarovar, Jaipur
----Respondent
| For Appellant(s) | : Mr. Pankaj Choudhary for Mr. Rohit Choudhary,Dy. G.C. |
|---|---|
| For Respondent(s) | : Mr. Rahul Sharma for |
| Mr. Rajneesh Gupta |
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
Issues for consideration
1 issue framed by the court
Whether the civil miscellaneous appeal should be allowed considering the delay in bringing legal heirs on record after the respondent's death?
Parties & counsel
- appellant
State of Rajasthan through Executive Engineer, Public Works Department, Division Dholpur
- respondent
Jagdish Prasad Agrawal
Coram
Ashok Kumar Jain
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · April
- Registered
- Case no.
- CMA/3062/2009
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