Chattisgarh High Court
Preet Ram vs Smt. Rahimat Bai on 1 August, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
SA No. 81 of 2024
PREET RAM versus SMT. RAHIMAT BAI
SA/46/2024
Order Sheet
01/08/2025 Mr. Shubhank Tiwari, counsel for the appellants.
Mr. Himanshu Yadu, counsel for respondents 1 to 4.
Ms. Mandvi Bharadwaj, Panel Lawyer for the State/
respondent No.5.
Mr. Hari Om Rai, counsel for respondents 6 to 8 and
10 & 11.
Heard on IA No.04/2024 (in both appeals),
applications under Section 5 of the Limitation Act for
condonation of delay in filing the appeal.
Learned counsel for the respondents raised formal
objection in allowing aforesaid applications.
On due consideration of the reasons mentioned in the
applications, which is supported with an affidavit of the
appellant, the applications are allowed and the delay of 97
days and 80 days respectively in filing the appeals are
condoned.
Also heard on IA No.01/2024 (in both appeals),
Digitally
signed by BINI
PRADEEP
BINI Date:
PRADEEP 2025.08.04
10:36:44
+0530
applications for leave to file appeals.
Learned counsel for the appellants submits that
Brijram- appellant No.4 before the first appellate court(Civil
Appeal No.05A/18) died during the pendency of first appeal,
but this fact was not brought before the first appellate Court,
hence, impugned judgment and decree has been passed
against him also without bringing his Lrs. Learned counsel
further submits that Lrs. of late Brijram also wanted to file
instant appeal, therefore, it is prayed that his Lrs. may be
permitted to implead as appellants, hence, leave may be
granted to them to file instant appeal.
Learned counsel for the respondents have raised
formal objection in allowing aforesaid applications.
On due consideration of the reasons mentioned in the
application, in the interest of justice, aforesaid applications
are also allowed and proposed Lrs. of deceased Brijram
(appellant No.4 before first appellate Court) are permitted to
file instant appeal.
Also heard on IA No.02/2024 (in both the appeals),
applications under Section 151 of the CPC.
Learned counsel for the appellants submits that Smt.
Anshu Bai (respondent No.9 in Civil Appeal No.36A/2018)
has died during the pendency of first appeal, but this fact
was not brought in the knowledge of the first appellate
Court, therefore, judgment and decree has been passed
against her name also. Learned counsel further submits
that Lrs. of deceased Anshu Bai are already on record,
therefore, her name may be mentioned as dead in the
instant appeal.
Learned counsel for the respondents have no
objection in allowing aforesaid applications.
On due consideration, aforesaid application is
allowed and name of deceased Anshu Bai is permitted to be
mentioned as dead in the instant appeal.
Learned counsel for the respondents submit that copy
of memo of appeal along with documents have not been
provided to them.
In view of the above, learned counsel for the
appellants is directed to provide copy of memo of appeal
along with documents, within week.
List this case in the week after next.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Bini
