Gyan Chand Sanghi vs Radhey Shyam And Others
2022 Latest Caselaw 7581 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil Second Appeal No. 88/2013

Gyan Chand Sanghi S/o Shri Ram Pal Sanghi
                                                      ----Appellant-defendant
                                   Versus
Radhey Shyam And Others
                                                                ----Respondent

For Appellant(s)         :     Mr. M.C. Jain
For Respondent(s)        :



             HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

01/12/2022

Appellant-defendant by way of this second appeal has

challenged the decree for eviction passed in favour of

respondents-plaintiffs vide judgment dated 3.12.2008, which has

been affirmed in first appeal vide judgment dated 5.1.2013.

It has been stated that appellant came to know from

execution proceedings that respondent No.2- Ramesh Chandra

had died and therefore, to bring his legal representatives on

record, application has been filed under Order 22 Rule 4 CPC along

with application under Section 5 of the Limitation Act and

application under Order 22 Rule 9 CPC.

No one has appeared to oppose the applications.

Taking into consideration the nature of impugned decree

which is joint in favour of all respondents-plaintiffs, the delay in

filing the application is condoned. Abatement of appeal qua

respondents is set aside and legal representatives of respondent

No.2 are allowed to be substituted in his place.

(2 of 2) [CSA-88/2013]

Counsel for appellant undertakes to file the amended cause

title. On filing the same, notices be issued to newly impleaded

legal representatives.

List again on 12.1.2023.

Interim stay order dated 15.4.2013 shall continue.

(SUDESH BANSAL),J

NITIN /32

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