Rajasthan High Court - Jodhpur
Usman Gani And Ors vs Mukand Singh on 3 July, 2019
Author: P.K. Lohra
Bench: P.K. Lohra
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Civil Second Appeal No. 55/2010
Usman Gani And Ors.
----Appellant
Versus
Mukand Singh
----Respondent
For Appellant(s) : Mr. Hemant Jain
For Respondent(s) : Mr. GR Goyal
HON'BLE MR. JUSTICE P.K. LOHRA
Order 03/07/2019 An application is filed on behalf of appellants for setting aside abatement of appeal against sole respondent and taking his legal heirs on record by invoking Order 22 Rule 4 as well as 9 CPC.
The application as such is not opposed by learned counsel for the legal heirs of the respondent as according to him information was divulged by him regarding death of sole respondent on 25.04.2019. However, learned counsel, Mr. Goyal submits that he has instructions on behalf of legal heirs of sole respondent to represent their cause. It is further submitted by Mr. Goyal that earlier the appeal was abated qua appellant No.2 as well as 5 but abatement against appellant No.5 was set aside and qua appellant No.2 was kept intact.
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(2 of 2) [CSA-55/2010]
In view thereof, the abatement of appeal qua sole
respondent is set aside and his legal heirs are allowed to be taken on record.
Learned counsel for the appellant may file correct amended cause title showing abatement of appeal qua appellant No.2 within a week.
(P.K. LOHRA),J 8-Bharti/-
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