HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 94/1991
Narayan Lal
----Appellant
Versus
Isar Ram (since deceased) through LRs.
----Respondents
For Appellant(s) : Mr. R.K. Daga
For Respondent(s) : Mr. Abhi Goyal
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
01/08/2022
In the present second appeal, respondent No.1-Isar Ram is the contesting party who filed the first appeal assailing the judgment and decree dated 29.07.1974 whereby and whereunder his sale deed was cancelled.
Legal representatives of respondent No.1-Isar Ram, respondent Nos.1/1 to 1/3 are duly represented.
Appellant has moved an application under Order 22 Rule 4 CPC alongwith application under Order 22 Rule 9 CPC and application under Section 5 of the Limitation Act stating that one of the legal representatives of respond No.1, respondent No.1/5 namely Smt. Parmeshwari Devi passed away on 08.12.2015 and her legal representatives may be added as respondent No.1/5/1, though the application is delayed. However, considering the nature of dispute regarding cancellation of sale deed, the factum of death of respondent No.1/5-Smt. Parmeshwari Devi is taken on record and her legal representatives named in the application are allowed to be substituted in her place.
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(2 of 2) [CSA-94/1991] This Court vide order dated 12.03.2018 issued notices to the legal representatives 1/5/1 and 1/5/2 but from the side of appellant no steps have been taken so far. The second appeal is pending since more than 30 years and due to non-service of notices, the same has not come up for hearing.
Since the interest of respondent No.1, who is the contesting respondent-purchaser in the present second appeal, has already been taken care by the other legal representatives 1/1 to 1/3 and the interest of unserved respondents No.1/5/1 and 1/5/2 is parallel to the other legal representatives, therefore applying the principle of the doctrine of sufficient representation, on the request of learned counsel for the appellant their services are dispensed with, hence service stands complete.
Learned counsel for both parties seek some time to make their submissions on the second appeal on merits.
List this second appeal again on 07.09.2022. In the meanwhile, Registry is directed to ensure the summoning of record of both courts below and if necessary by sending the text message or the messenger before the next date of hearing.
(SUDESH BANSAL),J TN/4 (Downloaded on 03/08/2022 at 09:54:38 PM) Powered by TCPDF (www.tcpdf.org)