Ashok Kumar Son Of Shri Girraj ... vs Kushal Kumar Son Of Shri Mohan Lal
2022 Latest Caselaw 2114 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                  S.B. Civil First Appeal No. 56/2022

Ashok Kumar Son Of Shri Girraj Prasad Agrawal
                                                                       ----Appellant
                                     Versus
Kushal Kumar Son Of Shri Mohan Lal & ors.
                                                                    ----Respondents

For Appellant(s)           :     Mr. Rajneesh Gupta
For Respondent(s)          :



             HON'BLE MR. JUSTICE SUDESH BANSAL

                                      Order

09/03/2022

This first appeal has been directed against the judgment and

decree dated 03.12.2021 passed by Additional District Judge,

Sawai Madhopur in civil suit No.08/2010, (70/2012) CIS

No.467/2014, whereby and whereunder the sale deed of

appellant-defendant No.2 dated 17.04.2006 has been cancelled

and respondent-plaintiffs' suit for specific performance of

agreement against the respondent No.3-defendant No.1 has been

decreed and simultaneously, the decree for permanent injunction

has also been passed against the defendant as well as counter

claim of defendant No.2 has been dismissed.

Office has pointed out defect of filing the present appeal

through legal representatives of appellant, who are not party in

the impugned judgment.

An application has been filed by the legal representatives of

appellant, to meet out the Office objection claiming inter alia that

after conclusion of trial, the appellant-defendant No.2 died on 2 nd

(2 of 3) [CFA-56/2022]

December, 2021. The death certificate of defendant No.2 has also

been enclosed with the application.

It has been averred that the factum of death of defendant

No.2 was not brought in the notice of trial court, therefore his

legal representatives were not brought on record. However, the

suit has been decreed against the defendant No.2 and his legal

representatives are aggrieved by the same to whom right to sue

survives, therefore they have filed this first appeal. It has been

prayed that legal representatives of deceased-appellant, as named

in the application may be allowed to be substituted in the memo

of first appeal and accordingly the office objection be waived.

As per rule 150 of the Rajasthan High Court Rules, 1952, the

appeal filed by the legal representatives of deceased party, who

has died during the course of trial, is competent.

Heard learned counsel for appellant.

For reasons mentioned in the application and according to

the proposition of law, the same is allowed. Legal representatives

of deceased-appellant are allowed to be substituted as his legal

representatives to file and continue the first appeal.

The amended cause title enclosed with the application is

taken on record. Office is also directed to place the same at

appropriate place and update the cause title Online also.

Accordingly, Office objection stands meet out.

Heard learned counsel for appellant on the first appeal.

Admit.

Issue notice.

Record of the trial Court be summoned.

Having considered the facts and circumstances of the case,

the operation and execution of the impugned judgment and

(3 of 3) [CFA-56/2022]

decree dated 3rd December, 2021 shall remain stayed with further

direction that both parties shall maintain status quo as to

alienation and possession in relation to the property in question.

Application (I.A.No.1/2022) stands disposed of.

(SUDESH BANSAL),J

TN/68

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