Labh Singh And Ors vs Ashok Kumar And Ors
2021 Latest Caselaw 18955 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil First Appeal No. 188/2013

Labh Singh And Ors.

----Appellant Versus Ashok Kumar And Ors.

----Respondent

For Appellant(s) : Mr. Mahipal Singh For Respondent(s) : Mr. B.M. Aggarwal

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

13/12/2021

The matter comes up for consideration on the application

filed by the appellant under Order 22 Rule 4 and 9 read with

Section 151 CPC as also another application under Section 5 of the

Limitation Act for bringing the legal representatives of deceased

respondent No.1 Ashok Kumar on record.

There is some delay in filing the application, therefore, the

appellant has prayed to condone the delay and to set aside the

abatement of appeal, if any.

Heard learned counsel for the appellant.

For the reasons mentioned in the application, the same is

allowed. The legal representatives of deceased respondent No.1

are taken on record. Amended cause title enclosed with the

application is taken on record.

Office is directed to upload the amended cause title online

also.

Learned counsel for the respondent submits that this first

appeal assailing the finding of issue Nos.1, 5 and 6 is not

(2 of 2) [CFA-188/2013]

maintainable. Learned counsel for the respondents has admitted

that they have also filed appeal against the judgment and decree

dated 24.01.2013 being first appeal No.45/2013, which has

already been admitted and pending for hearing.

Thus subject to objection of the maintainability of this first

appeal, let this first appeal be listed for hearing along with appeal

No.45/2013.

(SUDESH BANSAL),J

43-Taruna/-

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