Ramkanwar Thr Lr And Ors vs Balu Ram And Ors
2022 Latest Caselaw 2542 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                   S.B. Civil First Appeal No. 297/2018

Ramkanwar Thr Lr And Ors
                                                                        ----Appellant
                                        Versus
Balu Ram And Ors
                                                                      ----Respondent

For Appellant(s) : Mr. Jinesh Kumar Jain For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

24/03/2022

The appellant-plaintiff has preferred this first appeal, feeling

aggrieved by dismissal of his civil suit for possession, declaration

and permanent injunction vide impugned judgment dated

19/2/2018.

This court issued notices to respondents. Notices of

respondent No.1 returned with the report that respondent No.1

has passed away on 24/9/2017.

After having noticed about the death of respondent No.1, the

appellants have filed an application No. 1/2020 under Order 22

Rule 4 CPC to take the factum of death of respondent No. 1 on

record and substitute his legal representatives on record.

Application has been filed within limitation from the date of

knowledge about the death of respondent No.1, alongwith an

application u/s 5 of the Limitation Act.

In the facts and circumstances of present case and looking to

the nature of dispute, the delay in filing the application is

condoned and since the right to sue against the legal

(2 of 2) [CFA-297/2018]

representatives of the deceased respondent No.1 survive, they are

allowed to substitute in his place, subject to objection by the

respondents, if any.

Amended cause title already filed be taken on record.

Office is directed to update the cause title online also.

The first appeal has not been admitted so far. Since the first

appeal is required to be heard on facts and law. The same is

admitted.

Issue notice for hearing of the appeal as well as stay

application to the respondents.

In the meanwhile, the respondents shall not alienate and/or

create any third party right regarding land in question.

Notices be given 'dasti'.

(SUDESH BANSAL),J

ANIL SHARMA /53

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