HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Civil First Appeal No. 256/2008 Radhey Shyam
----Appellant Versus State And Ors.
----Respondent For Appellant(s) : Mr. Sandeep Saruparia. For Respondent(s) : Mr. Devesh Purohit.
HON'BLE MR. JUSTICE ARUN BHANSALI Order 27/08/2021 The matter comes upon an application filed by the legal representatives of the sole-appellant under Order XXII Rule 3 & 9 CPC and Section 5 of the Limitation Act, for taking them/legal representatives on record, setting aside abatement and for condonation of delay in filing the applications.
The suit filed by the appellant was dismissed by the trial court by its judgment dated 25.03.2008. The appeal was admitted on 04.07.2008 and as the respondents were served, the same was resting in due course as per indication made by the office on 18.11.2008.
During pendency of the appeal the sole appellant died on 18.01.2013. The present application has been filed on 16.04.2021 i.e. after a passage of over 8 years.
Though reply to the application was not filed, the same was contested by the respondents inter-alia indicating that there is no valid reason for condonation of delay in filing the applications.
Learned counsel for the appellant made submissions that the material for bringing on record the legal representatives was duly (Downloaded on 27/08/2021 at 08:37:40 PM) (2 of 2) [CFA-256/2008] supplied to him by the legal representatives/local counsel representing the appellant before the trial court, however, due to shifting of his office, the papers got misplaced and it was only when the said local counsel visited him, the said aspect came to his notice and then immediately the applications were filed alongwith affidavit of the legal representatives. However, now counsel for the appellant has filed his own affidavit inter-alia indicating the above aspect.
In view of the above fact situation, wherein, apparently on account of shifting of counsel's office, the applications could not be filed in time, the application filed by the applicants under Section 5 of the Limitation Act is allowed. The delay in filing the application is condoned.
The abatement is set-aside. The legal representatives as indicated in the application are taken on record. Amended cause title filed is also taken on record.
Office is directed to amend the online record.
(ARUN BHANSALI),J 72-pradeep/-
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