Smt. Usha Sinha vs The State Of Madhya Pradesh
2023 Latest Caselaw 2297 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          SA No. 567 of 2012
                                   (SMT. USHA SINHA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 08-02-2023
                                   Shri Kunal Thakre - Advocate for the appellants.

                                   Shri Devesh Jain - Government Advocate for the respondents/State.

Heard on I.A.No.8893/2022, I.A.No.8896/2022 and I.A.No.8894/2022 are applications under Order 22 Rule 9(2), Order 22 Rule 3 CPC and under Section 5 of Limitation Act respectively.

According to the appellant, the appellant No.11-Ram Mohan has died on 09.8.2010. The impugned judgment was passed on 16.03.2012.

Thus, it is clear that appellant No.11- Ram Mohan was already dead but his legal representatives were not brought in civil appeal. Even the present appeal has been filed on behalf of a dead person.

Under these circumstances, the counsel for the appellant prayed for and is granted a weeks time to address on the question as to whether civil appeal filed before the First Appellate Court would have abated against the appellant No.11 only or the entire appeal would have abated.

List this case in the next week.

(G.S. AHLUWALIA) JUDGE

vinay*

Signature Not Verified Signed by: VINAY KUMAR BURMAN Signing time: 09-Feb-23 2:56:56 PM