Birda S/O Jhuntha (Deceased) vs Ramkishan S/O Vijaylal
2022 Latest Caselaw 2428 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

               S.B. Civil Second Appeal No. 199/2021

Birda S/o Jhuntha (Deceased) & ors
                                                                  ----Appellants
                                    Versus
Ramkishan S/o Vijaylal & ors.
                                                                ----Respondents

For Appellant(s) : Mr. Prahlad Sharma For Respondent(s) : Mr. Ram Chandra Sharma

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

21/03/2022

This second appeal has been preferred by the defendant-

appellants assailing the judgment and decree dated 07.02.2008

passed by Additional Civil Judge (J.D.) No.1, Jaipur in civil suit

No.36/2005 in favour of respondent-plaintiffs.

Appellants have filed an application ((I.A. No.1/2022) under

Order 22 Rule 4 and 9 read with Section 151 CPC informing that

one of respondent-plaintiff 1/2-Smt. Shanti Devi has passed away

during pendency of appeal and her legal representatives are

already on record against whom right to sue survive, therefore her

legal representative be substituted in place of her name.

Learned counsel appearing for respondents-plaintiffs has no

objection, if the application is allowed.

For reasons mentioned in the application, the same is

allowed. Legal representative of deceased respondent are allowed

to be substituted in her place.

Amended cause title already filed with application is taken on

record.

(2 of 2) [CSA-199/2021]

Appellant has filed another application (I.A. No.2/2022)

under Section 151 of CPC for dispensing with service upon

performa respondents, who were co-defendants before the trial

court.

Learned counsel for appellants submits that in the present

second appeal, the impugned decree passed in favour of

respondent-plaintiffs is under challenge and on his risk and

consequence remaining respondents, who could not be served

their service be dispensed with.

It appears from the record that respondents were made

party before the trial court and having considered their

submissions, the trial court has passed the impugned decree.

However, on the risk and consequence of the appellants, service of

unserved respondents-defendants is dispensed with.

Accordingly, the application stands disposed of.

Service is complete.

List this case for admission on 30.03.2022.

(SUDESH BANSAL),J

TN/57

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