Allowed

Rangi Lal Son of Sona Ram, v. Banwari Adopted Son of Ghoturam Meena

Rajasthan HC18 Nov 2024CMAP/214/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an application under Order 22 Rule 9 CPC to set aside the abatement of a first appeal. The court condoned the delay and permitted the legal representatives of the deceased appellant, Rangilal, to be brought on record to continue the proceedings.

What did the court decide?

Application for setting aside abatement and taking legal representatives on record allowed; abatement order dated 05/01/2024 set aside; matter to be re-registered on original number and listed for Dec

Rangi Lal Son of Sona Ram, Vs Banwari Adopted Son of… — Property and Title | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Application No. 214/2024

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Rangi Lal Son Of Sona Ram,

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----Petitioner

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Versus

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Banwari Adopted Son Of Ghoturam Meena,

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----Respondent

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For Petitioner(s)	: Mr. G.S. Bapna, senior advocate with
	Mr. Banwari Singh
For Respondent(s)	: Mr. Rajendra Soni

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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18/11/2024

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Considered office objection. Same are ignored and overruled. 2. After dismissal in abatement of S.B. CFA No.12/1999 on 05.01.2024, instant S.B. Civil Misc. Application is preferred under Order 22 Rule 9 CPC for setting aside of abatement with an application for taking LRs of Rangilal on record.

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Considered submissions of learned Senior Advocate for LRs of deceased-appellant and learned counsel for respondent.

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S.B. CFA was preferred by appellant (Plaintiff) Rangilal aggrieved from judgment dated 17.07.1997 in civil suit No.13/1993 passed by learned Additional District Judge, Karauli but during pendency of CFA, sole appellant Rangilal has expired and the counsel for appellant has sought time to file application under Order 22 Rule 3 CPC for bringing LRs of deceased appellant on record but failing to do so within stipulated time, this court has abated appeal on 05.01.2024.

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[CMAP-214/2024]

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(2 of 2)

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After order for abatement, an application for setting aside of abatement is filed along with application under Order 22 Rule 3 CPC to bring LRs of deceased appellant on record.

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Since this is a first appeal filed under Section 96 of CPC and during pendency of this appeal, appellant Rangilal has expired. The delay is explained by filing application under Section 5 of Limitation Act.

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Having considered the judgment of this Court in case of Dinesh Kumar and Anr. Versus Shiv Taj Singh and Ors. (S.B. CFA No. 289/2001 dated 16.11.2023) and also the fact that any appeal is required to be decided on merits rather dismissing the same on technical grounds. Thus, it is appropriate to allow application for setting aside of abatement after condonation of delay and allow application for taking LRs of Rangilal on record, as proposed in the application.

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In view of aforesaid, applications are allowed and abatement order dated 05.01.2024 is hereby set aside after condonation of delay and LRs as proposed in the application No.01/2024 are taken on record and substituted in place of deceased appellantRangilal.

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Office is directed to re-register S.B. CFA on its original number i.e. S.B. CFA No. 12/1999.

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Amended cause title is taken on record.

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Office is directed to list the matter in the month of December, 2024 as per roster.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /605

Rangi Lal Son of Sona Ram, v. Banwari Adopted Son of Ghoturam Meena

Case brief

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Rangi Lal Son of Sona Ram, v. Banwari Adopted Son of Ghoturam Meena

Case brief

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