Madhya Pradesh High Court
Ramjilal (Since Deceased) vs Vijay Kumar on 5 September, 2017
SA-122-2006
(RAMJILAL (SINCE DECEASED) Vs VIJAY KUMAR)
05-09-2017
Shri Pranay Verma, lerned counsel for the appellant.
Shri A.K. Jain, learned counsel for respondent.
I.A. No. 11759/2017, an application for dismissing the appeal as abated.
It is stated therein that sole contesting respondent No. 1 expired on 18.12.2015 and within the period of limitation no application has been filed for bringing his legal representatives on record. Therefore, the present appeal be dismissed as abated.
It is contended on behalf of appellant that he may be granted some time to file appropriate application under Order 22 Rule 3 and under Order 22 Rule 9, Code of Civil Procedure, 1908 for setting aside the abatement. However, as rightly pointed out by learned counsel for respondent that with the abatement of appeal the Court would be functus officio to consider any application treating the appeal to be pending and a separate application has to be filed and get registered for setting aside the abatement.
Since the appeal stands dismissed as abated, no further order is warranted.
I.A. No. 11759/2017 stands disposed of.
(SANJAY YADAV) JUDGE vivek