Manoj S/O Manna Lal vs Mansukh Khan S/O Fateh Khan
2022 Latest Caselaw 2720 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 163/2022

Manoj S/o Manna Lal
                                                                  ----Appellant
                                   Versus
Mansukh Khan S/o Fateh Khan
                                                                ----Respondent

For Appellant(s) : Mr. Dheeraj Kumar Palia For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

31/03/2022 This first appeal has been filed by appellant, assailing

judgment and decree dated 23.09.2021 passed by Additional

District Judge No.3, Jaipur Metropolitan in Suit No.66/2014

whereby suit for specific performance, possession and permanent

injunction filed by respondent-plaintiff has been decreed against

defendant Munna Lal alias Manna Lal.

This appeal has been filed by one Manoj son of defendant

Manna Lal. Office has pointed out an objection that appellant was

not a party before the trial court.

Appellant has filed an application under Order 147 of the

Rajasthan High Court Rules, 1952, mentioning that after passing

of judgment and decree dated 23.09.2021, defendant Munna Lal

has passed away on 01.10.2021. Appellant is the sole legal

representative of deceased defendant, therefore, he has filed this

first appeal. No death certificate of defendant Munna Lal has been

enclosed with the application.

(2 of 2) [CFA-163/2022]

Counsel for appellant seeks time to produce death certificate

of defendant Munna Lal and move an appropriate application with

correction in the cause title showing appellant as sole legal

representative of deceased defendant and seeking permission for

his substitution in place of deceased defendant to pursue the first

appeal on merits.

Needful be done within a period of one week.

List this case again on 08.04.2022.

(SUDESH BANSAL),J

SACHIN SHARMA /19

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