Madhya Pradesh High Court
Rakesh Kumar Paliwal vs Smt. Jamna Bai on 7 December, 2022
Author: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 7 th OF DECEMBER, 2022
FIRST APPEAL No. 237 of 2013
BETWEEN:-
1. RAKESH KUMAR PALIWAL S/O LATE LEKH RAJ
PALIWAL, AGED ABOUT 53 YEARS, POST KETOGHAN
TEH. UDAYPURA (MADHYA PRADESH)
.....APPELLANT
(BY SHRI MOHAMMAD ALI-ADVOCATE. )
AND
1. SMT. JAMNA BAI W/O NARBADA PRASAD
BARHMAN, AGED ABOUT 66 YEARS,
OCCUPATION: I PIPARIYA TEH. PIPARIYA
(MADHYA PRADESH)
2. GOBARDHAN DAS (SINCE DECEASED) THROUGH
LRS :- SMT. SAVITRI BAI W/O LATE SHRI
GOBARDHAN DAS, AGED ABOUT 50 YEARS, VILL.
KETOGHAN, TAH. UDAYPURA, DISTT. RAISEN
(MADHYA PRADESH)
3. DINESH KUMAR S/O LATE SHRI GOBARDHAN
D AS VILL. KETOGHAN, TAH. UDAYPURA, DISTT.
RAISEN (MADHYA PRADESH)
4. MAHESH KUMAR S/O LATE SHRI GOBARDHAN
D AS VILL. KETOGHAN, TAH. UDAYPURA, DISTT.
RAISEN (MADHYA PRADESH)
5. YOGESH KUMAR S/O LATE SHRI GOBARDHAN
D AS VILL. KETOGHAN, TAH. UDAYPURA, DISTT.
RAISEN (MADHYA PRADESH)
6. REKHA BAI D/O LATE SHRI GOBARDHAN DAS
VILL. KETOGHAN, TAH. UDAYPURA, DISTT.
RAISEN (MADHYA PRADESH)
7. LEELA BAI D/O LATE SHRI GOBARDHAN DAS
Signature Not Verified
OCCUPATION: MINOR THROUGH GUARDIAN
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 12/7/2022
5:49:48 PM
2
MOTHER SMT. SAVITRI BAI VILL. KETOGHAN,
TAH. UDAYPURA, DISTT. RAISEN (MADHYA
PRADESH)
8. SMT. SHOBHA DEVI W/O MANGILAL PALIWAL
R/O SENOIMALWA, TEH. SEONIMALWA (MADHYA
PRADESH)
9. BHAWAN DAS (SINCE DEAD) THROUGH LRS :-
SUNIL KUMAR S/O BHAGWAN DAS, AGED ABOUT
42 YEARS, R/O BEHIND GOVT. HOSPITAL BARELI,
TAH. BARELI (MADHYA PRADESH)
10. GHANSHYAM DAS S/O BHAGWAN DAS, AGED
ABOUT 39 YEARS, R/O BEHIND GOVT. HOSPITAL
BARELI, TAH. BARELI (MADHYA PRADESH)
11. SANJAY KUMAR S/O BHANWAN DAS, AGED
ABOUT 34 YEARS, R/O BEHIND GOVT. HOSPITAL
BARELI, TAH. BARELI (MADHYA PRADESH)
12. SMT. USHA PALIWAL W/O PRABHU DAYAL
PALIWAL, AGED ABOUT 35 YEARS, R/O SWATI
SADAN, VIKAS NAGAR, TEMPLE ROAD, BAITUL
(MADHYA PRADESH)
13. SMT. MAYA PALIWAL W/O DILIP KUMAR
PALIWAL, AGED ABOUT 30 YEARS, OCCUPATION:
THROUGH ATTORNEY ASHOK KUMAR PALIWAL
R/O BUS STAND, KARANJA GHATGE, DISTT.
VARDHA (MH) (MADHYA PRADESH)
14. SMT. MANJU PALIWAL W/O LATE UMA SHANKAR
PA LI WA L R/O SHOBHPUR, TEH. SOHAGPUR
(MADHYA PRADESH)
15. COLLECTOR/ DISTRICT MAGISTRATE THE STATE
OF MADHYA PRADESH RAISEN (MADHYA
PRADESH)
16. COLLECTOR / DISTRICT MAGISTRATE THE
STATE OF MADHYA PRADESH HOSHANGABAD
(MADHYA PRADESH)
.....RESPONDENTS
(NONE )
Th is appeal coming on for hearing this day, t h e court passed the
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 12/7/2022
5:49:48 PM
3
following:
ORDER
Heard on IA No. 7769/2022, which is an application under Order 22 Rule
10-A CPC, whereby learned counsel for the respondent No.1 has informed the
date of death of respondent No.1-Smt. Jamunabai, who was the sole plaintiff
and in whose favour decree was passed.
This application was filed on 18/07/2022 showing the date of death of
respondent No.1-Smt. Jamunabai on 31/03/2022, but despite of expiry of three
months period from 18/07/2022, application for substitution of legal
representatives of sole plaintiff/respondent No.1-Smt. Jamuna Bai has not been
filed.
Resultantly, in the light o f judgment o f Supreme Court i n the c as e of
Madan Naik (Dead) by LRs. Vs. Hansubala Devi and others AIR 1983 SC
676, this appeal has abated.
Accordingly, the first appeal is dismissed as having been abated.
Pending application(s), if any, shall stand disposed off.
(DWARKA DHISH BANSAL)
JUDGE
skt
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 12/7/2022
5:49:48 PM
