Jagdish And Others vs Chhothi Devi And Others
2022 Latest Caselaw 1951 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Second Appeal No. 364/2015

Jagdish And Others
                                                                   ----Appellant
                                   Versus
Chhothi Devi And Others
                                                                ----Respondents

For Appellant(s) : Mr. Abhishek B. Sharma For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

04/03/2022

The matter has come up on the applications No.1/2022 and

2/2022 alleging inter alia that plaintiff respondent No.1/1 Manni

Ram had died on 11.12.2011, however this fact was not informed

by respondents before the first appellate court. The first appellate

court decided the first appeal vide judgment dated 08.07.2015.

Since respondent No.1/1-Manni Ram is one of the co-

plaintiffs and other co-plaintiffs are already on record from the

respondent No.1/2 to 1/5 and respondent No.2 to 4. The appellate

Court has decreed the suit for permanent injunction partially in

favour of plaintiffs vide judgment dated 08.07.2015 against which

this second appeal has been filed.

Since the impugned judgment and decree dated 08.07.2015

has been passed jointly in favour of the plaintiffs and other co-

plaintiffs are already on record, right to pursue the appeal

continues and in such situation, there is no need to bring the other

natural heirs of deceased respondent No.1/1-Manni Ram on

record. The factum of death of respondent No.1/1 Manni Ram is

(2 of 2) [CSA-364/2015]

taken on record. In the title page of the second appeal, against

name of respondent No.1/1-Manni Ram (since deceased) be

mentioned and accordingly amended cause title be filed.

Both applications stand disposed of accordingly.

It appears that notices of respondent No.1 to 4 were issued

which have not received back.

Let fresh notice to respondent No.1/2 to 1/5 and respondent

No.2 to 4 be issued.

(SUDESH BANSAL),J

TN/52

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