Madhya Pradesh High Court
State Of M.P. vs Onkarlal Sharma on 1 July, 2015
1
F.A.No.192/2008
01.07.2015
Shri Kamal Jain, learned PL for the appellant/State.
Shri Lokesh Achra, learned counsel for respondents
No.2, 3, 6, 7 and 8.
Shri R. Tiwari, learned counsel for respondent No.10. The case is pending for consideration of the application of Section 5 of Limitation Act.
The counsel for the appellant submits that respondent No.1-Onkarlal Sharma has expired. Regarding death of Onkarlal Sharma, information was given by the counsel for the appellant on 03.04.2014. Till date appellant has not taken step to bring on record the LR's of Onkarlal Sharma. As such, appeal against respondent No.1 stands abated.
Learned counsel for the respondents opposed the application on the strength of the judgment of Apex Court delivered in the case of State of M.P. Vs. Ramkalibai reported in 2015(1) MPLJ 286; State of M.P. Vs. Mannulal reported in 2015(1) MPLJ 307 as well as the judgment of Indore Bench delivered in the case of State of M.P. Vs, Amritlal Kadam passed in W.P.No.349/2009 and the judgment of Supreme Court in the case of Chief Post Master General Vs. Living Media India Ltd. reported in AIR 2012 SC 1506 and in the case of State of Uttar Pradesh Vs. Amar Nath Yadav reported in (2014) 2 SCC 422..
Counsel for the appellant seeks time to go through 2 F.A.No.192/2008 these judgments and argue the matter on the next date of hearing.
List this case on 9th July, 2015.
(M.C. Garg) Judge bj/-