Madhya Pradesh High Court
Sheikh Taufeeq Ahmad vs Mohd. Salim on 27 March, 2017
SA-225-2007
(SHEIKH TAUFEEQ AHMAD Vs MOHD. SALIM)
27-03-2017
Shri Pranay Verma, learned counsel for the appellant.
Shri Ishteyaq Hussain, learned counsel for the LRs of respondent.
Heard on I.A. No3702/2007, an application under Order 22 Rule 4 of Code of Civil Procedure for substitution of legal representatives of deceased respondent Mohammad Salim.
Learned counsel for the appellant submits that after passing the impugned judgment by the Appellate Court on 31.10.2006, the sole respondent/defendant Mohd. Salim was died on 26.12.2006. Hence, the appellant prays to substitute his LRs in place of respondent-Mohd. Salim in the cause title. This application has supported by an application of Sheikh Taufeeq Ahmad.
Learned counsel for the LRs of respondent vehemently opposes the prayer of the learned counsel for the appellant on the grounds that this Appeal has been filed by the appellant on 05.02.2007, at that time respondent Mohd. Salim was died, hence, appeal already abated because the instant application has been filed after 9 years.
It is apparent from perusal of the record, this appeal has been filed against the judgment dated 31.10.2006 passed by learned Appellate Court and before filing the present appeal respondent was died on 26.12.2006 and application for proposed substitution is filed on 24.03.2007 within 90 days from his death, hence, there is no delay has been caused as stated by learned counsel for the LRs of respondent.
On the above grounds, the application is allowed. Names of LRs of respondent -Mohd. Salim be substituted in place of respondent in the cause title within 15 days.
List the case after 3 weeks for further proceeding. (SMT. ANJULI PALO) JUDGE rj