Ramkumar And Ors vs Mus. Kekati Bai And Ors
2021 Latest Caselaw 3548 Chatt

             T O HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                              SA No. 197 of 2012
             Ramkumar And Ors. Versus Mus. Kekati Bai And Ors.




07.12.2021

Mr. Deepak Kumar Singh, Counsel for appellants.

Mr. K. K. Singh, G. A. for the State.

Learned counsel for appellants would submit that during the

pendency of the first appeal, one of the appellant was expired but legal

representatives of appellant was not brought on record, still judgment has

been passed by the trial Court. This is apparent mistake. He would

further submit that since appellant was expired during pendency of the

appeal therefore, the application for substitution of legal representatives

can be considered by trial Court and appeal stands abated. He would

further submit that the order passed by appellate Court is nullity in the

eye of law. As such matter may be remanded back for bringing legal

representatives on record and decide the appeal afresh on merit.

When this Court asked about the legal position in this regard he

would submit that he may be given a weeks' time to bring the judgment

on the issue raised by this Court

List this case after a week.

Sd/-

(Narendra Kumar Vyas)

Judge parul