Rajasthan High Court
Shiv Kumar @ Rakesh Poddar S/O Shri ... vs Gopal Poddar S/O Late Shri ... on 13 September, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 656/2019
Shiv Kumar @ Rakesh Poddar S/o Shri Narsingh Lal Ji Poddar
----Appellant
Versus
Gopal Poddar S/o Late Shri Narsingh Lal Ji Poddar & ors.
----Respondents
Connected With
S.B. Civil First Appeal No. 662/2019
Shiv Kumar @ Rakesh Poddar S/o Shri Narsingh Lal Ji Poddar
----Appellant
Versus
Gopal Poddar S/o Late Shri Narsingh Lal Ji Poddar & ors.
----Respondents
For Appellant(s) : Mr. Vishwajeet Mantri
For Respondent(s) : Mr. R P Garg
Mr. R K Agarwal, Sr. Adv. assisted by
Mr. Mamoon Khalid
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
13/09/2022
In S.B. Civil First Appeal No. 656/2019:-
An application (I.A.No.1/2022) has been filed under Order 22
Rule 3 and Rule 9 of CPC by legal representatives of appellant
stating that appellant -Shiv Kumar has died on 01.02.2021,
therefore, his legal representatives named in the application be
taken on record.
Counsel for appellant submits that due to bona fide error, the
provision in the application wrongly mentioned as Order 22 Rule 2
CPC.
(2 of 3) [CFA-656/2019]
For reasons mentioned in the application, the same is
allowed. The legal representatives of deceased appellant is taken
on record.
The amended cause title, enclosed with the application, is
taken on record.
Accordingly, the application (I.A.No.1/2022) stands disposed
of.
The first appeal has been preferred against the judgment
and preliminary decree for partition dated 30.01.2019.
There is a delay of 60 days in filing the appeal, for which a
separate application under Section 5 of the Limitation Act, has
been filed.
For reasons mentioned in the application supported with
affidavit and considering the period of delay, the same is allowed
and the delay in filing the appeal is condoned.
Accordingly, the application for condonation of delay stands
disposed of.
In S.B. Civil First Appeal No. 662/2019:-
An application (I.A.No.1/2022) has been filed under Order 22
Rule 3 and Rule 9 of CPC by legal representatives of appellant
stating that appellant -Shiv Kumar has died on 01.02.2021,
therefore, his legal representatives named in the application be
taken on record.
Counsel for appellant submits that due to bona fide error, the
provision in the application wrongly mentioned as Order 22 Rule 2
CPC.
For reasons mentioned in the application, the same is
allowed. The legal representatives of deceased appellant is taken
on record.
(3 of 3) [CFA-656/2019]
The amended cause title, enclosed with the application, is
taken on record.
Accordingly, the application (I.A.No.1/2022) stands disposed
of.
The first appeal has been preferred against the judgment
and preliminary decree for partition dated 30.01.2019.
There is a delay of 60 days in filing the appeal for which a
separate application under Section 5 of the Limitation Act has
been filed.
For reasons mentioned in the application supported with
affidavit and considering the period of delay, the same is allowed
and the delay in filing the appeal is condoned.
Accordingly, the application for condonation of delay stands
disposed of.
List these first appeals along with S.B. Civil First Appeal
Nos.271/2022, 242/2022 & 440/2022.
(SUDESH BANSAL),J
SACHIN/52-53
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