Dismissed

Shri Sardar Ali v. Dargah Commitee Thr President

Rajasthan HC11 Nov 2024CSA/509/2016

Case brief

AI extract

What is this about?

This order dismissed the second civil appeal in abatement. The Court held that since the appellant failed to substitute the legal heirs of the deceased respondent No. 2 within the statutory period of 90 days as per Order 22 Rule 10 CPC, the appeal, being indivisible, stands abated qua all respondents.

What did the court decide?

The second civil appeal was dismissed in abatement qua all respondents. The miscellaneous application was disposed of.

Shri Sardar Ali Vs Dargah Commitee Thr President — Succession and Inheritance | Rajasthan HC (2024)

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[2024:RJ-JP:46607]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 509/2016

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Shri Sardar Ali Son Of Shri Yakub Ali, Chobdar And Bawarchi Dargah Khwaja Moinuddin Chisti Saheb, Khadim Mohalla, Doogar Para, Ajmer

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----Appellant

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	Versus
1.	Dargah Committee, Through Its President, Dargah Committee, Ajmer
2.	Khijra Mohamed Khan S/o Noor Mohammed Raj, Bhishti, Imam Bara, Khadim Mohalla, Ajmer

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----Respondents

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For Appellant(s)	: Ms. Anjum Parveen Salawat for
	Mr. R.C. Joshi
For Respondent(s)	: Mr. Sahir Hussain

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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11/11/2024

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An application under Order 22 Rule 10 CPC was filed by Mr. Devanshu Sharma on 23.01.2020 intimating death of respondent No.2 who expired on 24.08.2019, and since then no steps were taken by the appellant to bring LRs of respondent No.2 on record. 2. A Co-ordinate Bench of this Court considering this fact has dismissed the appeal in abatement on 04.09.2023 but same was recalled on 15.02.2024 and appeal has been restored to its original number. Order XXII CPC itself provides for substitution of legal heirs on death of parties and if within a period of 90 days no application for substitution is filed then suit or proceedings stands abated.

[2024:RJ-JP:46607]

[CSA-509/2016]

(2 of 2)

It is apparent on record, after knowledge of death of respondent No.2, no effective steps were taken by appellant to substitute legal heirs on LRs of respondent No.2.

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Herein a suit was filed by plaintiff to declare as hereditary chopdar of Dargah i.e. respondent No.1. A perusal of subject matter itself indicated that the cause of action cannot be bifurcated and if the suit abates qua respondent No.2, then it stands abated qua respondent No.1 as it cannot be continued against respondent No.1. The rights which the plaintiff/appellant want to declare was qua respondent No.2, therefore looking to aforesaid, appeal stands abated as a whole and we cannot bifurcate it as appellant has failed to bring LRs of respondent No.2 on record within stipulated time.

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In view of aforesaid, appeal stands dismissed in abatement qua all respondents including LRs of respondent No.2.

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Misc. application stands disposed of.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /61

Shri Sardar Ali v. Dargah Commitee Thr President

Case brief

What is this about?

What did the court decide?

Shri Sardar Ali v. Dargah Commitee Thr President

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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