Narayan Lal vs Isar Ram
2022 Latest Caselaw 5351 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Second Appeal No. 94/1991

Narayan Lal
                                                                   ----Appellant
                                   Versus
Isar Ram (since deceased) through LRs.
                                                                ----Respondents

For Appellant(s)         :     Mr. R.K. Daga
For Respondent(s)        :     Mr. Abhi Goyal



             HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

01/08/2022

In the present second appeal, respondent No.1-Isar Ram is

the contesting party who filed the first appeal assailing the

judgment and decree dated 29.07.1974 whereby and whereunder

his sale deed was cancelled.

Legal representatives of respondent No.1-Isar Ram,

respondent Nos.1/1 to 1/3 are duly represented.

Appellant has moved an application under Order 22 Rule 4

CPC alongwith application under Order 22 Rule 9 CPC and

application under Section 5 of the Limitation Act stating that one

of the legal representatives of respond No.1, respondent No.1/5

namely Smt. Parmeshwari Devi passed away on 08.12.2015 and

her legal representatives may be added as respondent No.1/5/1,

though the application is delayed. However, considering the nature

of dispute regarding cancellation of sale deed, the factum of death

of respondent No.1/5-Smt. Parmeshwari Devi is taken on record

and her legal representatives named in the application are allowed

to be substituted in her place.

(2 of 2) [CSA-94/1991]

This Court vide order dated 12.03.2018 issued notices to the

legal representatives 1/5/1 and 1/5/2 but from the side of

appellant no steps have been taken so far. The second appeal is

pending since more than 30 years and due to non-service of

notices, the same has not come up for hearing.

Since the interest of respondent No.1, who is the contesting

respondent-purchaser in the present second appeal, has already

been taken care by the other legal representatives 1/1 to 1/3 and

the interest of unserved respondents No.1/5/1 and 1/5/2 is

parallel to the other legal representatives, therefore applying the

principle of the doctrine of sufficient representation, on the

request of learned counsel for the appellant their services are

dispensed with, hence service stands complete.

Learned counsel for both parties seek some time to make

their submissions on the second appeal on merits.

List this second appeal again on 07.09.2022.

In the meanwhile, Registry is directed to ensure the

summoning of record of both courts below and if necessary by

sending the text message or the messenger before the next date

of hearing.

(SUDESH BANSAL),J

TN/4

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