Bodan vs Mahendra Singh
2022 Latest Caselaw 3244 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil First Appeal No. 304/2005

Bodan
                                                                  ----Appellant
                                   Versus
Mahendra Singh
                                                                ----Respondent

For Appellant(s) : Mr. Kanika Burman for Mr. Manu Bhargava For Respondent(s) : Mr. P. C. Jain

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

22/04/2022

It appears from the record that the sole appellant-defendant-

Bodan had passed away on 12.10.2012 and thereafter,

applications under Order 22 Rule 3 of CPC, Order 22 Rule 9 of CPC

and Section 5 of the Limitation Act, have been filed on 05.09.2019

with a prayer that the legal representative named in the

application, be allowed to be substituted in place of deceased

appellant and first appeal may be continued.

This appeal arises out of judgment dated 18.03.2005,

whereby and thereunder, the gift deed dated 18.05.2002, made in

favour of the applicant No. 2-Bodan was declared as null and void

qua the respondent-plaintiff.

Since, there is exorbitant delay in filing applications and the

issue involved is whether the persons named in the application as

legal representative, right to sue survives or not involved,

therefore let this appeal be first heard on the issue of abatement

(2 of 2) [CFA-304/2005]

and right of the applicants for substitution and to pursue the first

appeal.

Counsel for the respondent may file reply to the applications.

Since this court is hearing the first appeal on the aforesaid issue,

accordingly application (IA No. 1/2022) filed by the respondent

stands disposed of.

List after four weeks.

(SUDESH BANSAL),J

Pooja /37

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