Umar Sadeek And Ors vs Lrs Of Balochani And Ors
2021 Latest Caselaw 11767 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 217/2016

Umar Sadeek And Ors.

----Appellant Versus Lrs Of Balochani And Ors.

----Respondent Connected With S.B. Civil Second Appeal No. 215/2016

For Appellant(s) : Mr. Trilok Joshi. For Respondent(s) : Mr. Nitin Trivedi.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

28/07/2021

The matter comes up on applications filed by the appellants

under Order XXII, Rule 4 & 9 CPC and Section 5 of the Limitation

Act for bringing on record the legal representatives of respondent

No.7 Jannat in SBCSA No.217/2016 and respondent No.8 Jannat

in SBCSA No.215/2016.

A perusal of the applications indicate that the said

respondent had died during the pendency of the first appeal.

A perusal of the judgment of the trial court indicates that the

said respondent Jannat did not file her written statement before

the said court and did not appear.

In view thereof, under the provisions of Order XXII, Rule

4(4) CPC, even otherwise, bringing on record the legal

representatives of said Jannat was not necessary.

(2 of 2) [CSA-217/2016]

Consequently, in the present appeals also, there is no

necessity to bring the legal representatives of said Jannat on

record.

Office is directed to make an endorsement regarding death

of respondent Jannat in the cause title.

The applications filed stand disposed of.

Office to proceed.

(ARUN BHANSALI),J

80 & 81-Rmathur/-

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