Lrs Of Dharma vs Roshani
2022 Latest Caselaw 11281 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Second Appeal No. 120/2022

Lrs Of Dharma

----Appellant Versus Roshani

----Respondent

For Appellant(s) : Mr. Ganga Ram For Respondent(s) :

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

09/09/2022

IA No.1/22

Heard on application under Order 22 Rule 3 CPC for taking

on record the legal representatives of appellant-Dharma Ram on

record.

Learned counsel for the appellant submits that during the

pendency of the Civil Regular Appeal pending before the Additional

District Judge No.2, Nohar, the appellant was expired on

19.11.2018, however, his legal representatives could not be taken

on record and the learned lower appellate Court vide impugned

judgment and decree dated 07.09.2021 rejected the appeal

preferred by Dharma Ram.

Learned counsel for the appellant submits that since the

legal representatives were not taken on record, therefore, the

present appeal has been preferred by the legal representatives of

Dharma Ram. It is also submitted that alongwith the said appeal,

the present application under Order 22 Rule 3 read with Section

(2 of 2) [CSA-120/2022]

151 of the CPC has also been filed for taking on record the legal

representatives of the appellant-Dharma Ram.

In view of submissions made in the application, the

application under Order 22 Rule 3 of the CPC is allowed.

The legal representatives of appellant-Dharma Ram as

mentioned in para No.2 of the application are taken on record.

The Office objection No.2 is, thus, overrruled.

Call for the record of both the Courts below.

List the matter after three weeks.

(MADAN GOPAL VYAS),J 18-neha/-

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