HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 88/2013
Gyan Chand Sanghi S/o Shri Ram Pal Sanghi
----Appellant-defendant
Versus
Radhey Shyam And Others
----Respondent
For Appellant(s) : Mr. M.C. Jain
For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
01/12/2022
Appellant-defendant by way of this second appeal has challenged the decree for eviction passed in favour of respondents-plaintiffs vide judgment dated 3.12.2008, which has been affirmed in first appeal vide judgment dated 5.1.2013.
It has been stated that appellant came to know from execution proceedings that respondent No.2- Ramesh Chandra had died and therefore, to bring his legal representatives on record, application has been filed under Order 22 Rule 4 CPC along with application under Section 5 of the Limitation Act and application under Order 22 Rule 9 CPC.
No one has appeared to oppose the applications. Taking into consideration the nature of impugned decree which is joint in favour of all respondents-plaintiffs, the delay in filing the application is condoned. Abatement of appeal qua respondents is set aside and legal representatives of respondent No.2 are allowed to be substituted in his place. (Downloaded on 25/12/2022 at 03:42:38 PM)
(2 of 2) [CSA-88/2013] Counsel for appellant undertakes to file the amended cause title. On filing the same, notices be issued to newly impleaded legal representatives.
List again on 12.1.2023.
Interim stay order dated 15.4.2013 shall continue.
(SUDESH BANSAL),J NITIN /32 (Downloaded on 25/12/2022 at 03:42:38 PM) Powered by TCPDF (www.tcpdf.org)