Citation : 2024 Latest Caselaw 729 Chatt
Judgement Date : 1 July, 2024
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Second Appeal No. 208 of 2017
State of Chhattisgarh Versus Charan Singh & others.
01.07.2024 Mr. Santosh Kumar Soni, counsel for the appellant.
Mr. Vineet Kumar Pandey, counsel for respondent No. 1.
Heard on I.A. No. 09/2019, which is application under Order 22 Rule 10-A of the Code of Civil Procedure, wherein it has been stated that respondent No. 1 - Charan Singh has expired on 28.09.2018.
On due consideration, application (I.A. No. 09/2019) is allowed. The aforesaid information is taken on record.
Also heard on I.A. No. 10/2019, application under order 22 Rules 3 & 4 of the CPC for bringing legal heirs of deceased / respondents No. 1 & 2 namely Charan Singh and Trilochan Kaur, respectively on record on account of their death, I.A. No. 11 / 2019, application under Order 22 Rule 9 of the CPC for setting aside abetment of appeal against respondents No. 1 & 2 and I.A. No. 12/2019, application under Section 5 of the Limitation Act for condoning the delay in filing the application for setting aside abatement, respectively.
Issue notice to legal heirs of deceased/ respondents No. 1 & 2 on aforesaid applications. Process fee be paid as per rules.
Meanwhile, purely as an interim measure, it is directed that effect & operation of the impugned judgment & decree dated 30 th January, 2016 passed by Second Additional District Judge, Raigarh in Civil Appeal No. 20280000073 / 2015 shall remain stayed, till the next date of hearing.
Certified copy, as per rules.
Sd/-
(Naresh Kumar Chandravanshi) Judge Amit
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