Shameem Bee vs Radhelal (Died) Thr. His L.Rs. ...
2023 Latest Caselaw 455 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                             SA No. 1720 of 2017
        (SHAMEEM BEE Vs RADHELAL (DIED) THR. HIS L.RS. SHAKUN BAI AND OTHERS)

Dated : 09-01-2023
      Shri Sanjay Sharma - Advocate for the appellant.

      None for the legal representatives of respondent No.1 (Notices have not

been issued so far).

Ms. Shanti Tiwari - Panel Lawyer for respondent No.2/State.

This Second Appeal has been filed under Section 100 of the CPC against

the judgment and decree dated 13.09.2017 passed by Second Additional District Judge, Waraseoni, District Balaghat (M.P.) in Civil Appeal No.126- A/2015 by which the appeal filed by the appellant has been dismissed on merits.

By referring para No.13 of the impugned judgment, it is submitted that Radhelal, who was respondent No.1 and in whose favour the decree was passed by the trial Court, has expired on 09.07.2017 i.e. during the pendency of the appeal. The information of death of Radhelal was also submitted by his counsel on 23.08.2017. In spite of that, the appellant did not take any action for bringing the legal representatives of Radhelal on record and accordingly, it is

submitted that the Appellate Court came to a conclusion that the appeal has stood abated against the respondent No.1 - Radhelal. It is submitted that after having held that the appeal has stood abated against respondent No.1 - Radhelal, the Appellate Court should not have proceeded further with the merits of the case and should not have decided the appeal on merits.

Accordingly, the Appeal is admitted on the following substantial question of law:

"Whether the Court below should have decided the appeal on merits even after holding that the appeal filed against Radhelal (sole plaintiff) has abated or not ?"

Issue notice to the proposed legal representatives of respondent No.1 on payment of process fee by registered as well as ordinary mode. Process fee be paid within three working days.

I.A. No.17688/2017 has been filed seeking permission to implead legal representatives of respondent No.1.

Issue notice of I.A. No.17688/2017 to the proposed legal representatives of respondent No.1 on payment of process fee by registered as well as ordinary

mode. Process fee be paid within three working days.

The notices are made returnable within a period of three weeks. List this case in the week commencing 13.02.2023. If possible, the matter shall be heard finally at motion stage itself.

(G.S. AHLUWALIA) JUDGE

Shanu

Digitally signed by SHANU RAIKWAR Date: 2023.01.10 18:31:25 +05'30'