Rajasthan High Court - Jodhpur
Himmat Singh vs Municipal Board,Mount Abu on 3 September, 2020
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Civil First Appeal No. 144/2011
Himmat Singh
----Appellant
Versus
Municipal Board, Mount Abu
----Respondent
For Appellant(s) : Mr. Prashant Tatia.
For Respondent(s) : Mr. Rajesh Parihar.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 03/09/2020 An application has been filed by the applicant under Order XXII Rule 3 CPC inter alia with the submission that the sole appellant has died during pendency of the appeal and is survived by five legal representatives as indicated in para-2 of the application.
It is further indicated that the deceased had executed a registered Will, wherein, the property in question has been bequeathed to his legal representative No.1/2 - Naresh Singh and, therefore, he alone has impleaded as legal representative of the appellant.
Application under Order XXII Rule 9 CPC read with Section 5 of the Limitation Act has been filed for setting aside the abatement and for condonation of delay in filing the application.
For the reasons indicated in the application seeking condonation of delay, supported by affidavit, the same is allowed. The delay in filing the application under Order XXII Rule 9 CPC is condoned.
The abatement is set aside.
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(2 of 2) [CFA-144/2011] For the reasons indicated in the application filed under Order XXII Rule 3 CPC, the same is allowed.
The legal representative - Naresh Singh of the appellant is permitted to be impleaded as legal representative of sole appellant - Himmat Singh.
The reliance placed on the Will is for limited purpose of impleadment in the present appeal and for no other purpose.
Amended cause title be filed within a period of ten days. The application filed under Order XLI Rule 27 CPC shall be considered at the time of hearing of the appeal.
(ARUN BHANSALI),J 44-Sumit/-
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