Shri S S Bohra vs Manohar Lal Sahoo And Anr
2022 Latest Caselaw 2725 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil First Appeal No.403/2017

Shri S S Bohra
                                                                   ----Appellant
                                   Versus
Manohar Lal Sahoo & Anr.
                                                                ----Respondents

For Appellant(s)         :     Mr. Peush Nag
For Respondent(s)        :     Mr. Digvijay Mantri
                               Mr. Alok Chaturvedi
                               Mr. Bhanu Prakash Verma



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

31/03/2022

Appellant has filed an application (I.A. No.36668/2019)

under Order 22 Rule 4 CPC for taking on record the legal

representatives of deceased respondent No.2-Babulal Verma who

is said to be passed away on 09.11.2017 however, the appellant

came to know about the factum of his death on 04.04.2019,

hence he has filed an application for substitution of his legal

representatives on 02.05.2019.

Learned counsel for respondents submits that factum of

death of respondent No.2 had been informed on record of this

Court on 29.01.2018 itself.

Having heard counsel for both parties.

This Court finds that present appeal arises against the

judgment and decree dated 31.03.2017 whereby civil suit for

specific performance of contract filed by appellant has been

dismissed. In this first appeal, the involvement of rights of the

(2 of 2) [CFA-403/2017]

parties on the alleged property is involved. Considering the nature

of dispute between parties and the fact that appellant came to

know about the death of respondent No.2 only on 04.04.2019,

this Court deems it just and proper to condone the delay and allow

the substitution of his legal representatives on record.

For reasons mentioned in the application (I. A.

Nos.36668/2019), the same is allowed.

Accordingly, the legal representatives of deceased-

respondent No.2 named in the application are allowed to be

substituted in his place.

Amended cause title be filed within a period of two weeks.

In view of above, applications (I. A. Nos.42029/2019,

42030/2019 & 42031/2019) also stand disposed of.

(SUDESH BANSAL),J

SAURABH/43

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