Radhey Shyam vs State And Ors
2021 Latest Caselaw 13190 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil First Appeal No. 256/2008

Radhey Shyam

----Appellant Versus State And Ors.

----Respondent

For Appellant(s) : Mr. Sandeep Saruparia. For Respondent(s) : Mr. Devesh Purohit.

HON'BLE MR. JUSTICE ARUN BHANSALI Order 27/08/2021

The matter comes upon an application filed by the legal

representatives of the sole-appellant under Order XXII Rule 3 & 9

CPC and Section 5 of the Limitation Act, for taking them/legal

representatives on record, setting aside abatement and for

condonation of delay in filing the applications.

The suit filed by the appellant was dismissed by the trial

court by its judgment dated 25.03.2008. The appeal was admitted

on 04.07.2008 and as the respondents were served, the same was

resting in due course as per indication made by the office on

18.11.2008.

During pendency of the appeal the sole appellant died on

18.01.2013. The present application has been filed on 16.04.2021

i.e. after a passage of over 8 years.

Though reply to the application was not filed, the same was

contested by the respondents inter-alia indicating that there is no

valid reason for condonation of delay in filing the applications.

Learned counsel for the appellant made submissions that the

material for bringing on record the legal representatives was duly

(2 of 2) [CFA-256/2008]

supplied to him by the legal representatives/local counsel

representing the appellant before the trial court, however, due to

shifting of his office, the papers got misplaced and it was only

when the said local counsel visited him, the said aspect came to

his notice and then immediately the applications were filed

alongwith affidavit of the legal representatives. However, now

counsel for the appellant has filed his own affidavit inter-alia

indicating the above aspect.

In view of the above fact situation, wherein, apparently on

account of shifting of counsel's office, the applications could not be

filed in time, the application filed by the applicants under Section

5 of the Limitation Act is allowed. The delay in filing the

application is condoned.

The abatement is set-aside. The legal representatives as

indicated in the application are taken on record. Amended cause

title filed is also taken on record.

Office is directed to amend the online record.

(ARUN BHANSALI),J 72-pradeep/-

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