Rajasthan High Court - Jodhpur
Praveen Kumar vs Heera Lal & Anr on 5 September, 2008
Author: N P Gupta
Bench: N P Gupta
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
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CIVIL MISC. APPEAL No. 346 of 1997
PRAVEEN KUMAR
V/S
HEERA LAL & ANR
Mr. J GEHLOT, for the appellant / petitioner
Mr. RAJESH PANWAR, for the respondent
Date of Order : 5.9.2008
HON'BLE SHRI N P GUPTA,J.
ORDER
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It is informed by learned counsel for the appellant that the sole appellant had died about an year ago. Learned counsel for the appellant prays for time to file application for substitution of legal representatives. In my view, since the abatement of the appeal is automatic with the expiry of time, even no formal order is required to be passed for dismissing the appeal as abated. In that view of the matter, since the appeal automatically stands abated, it is dismissed as abated. It is, however, clarified that if the legal representatives have any other remedy available to them, this order does not come in their way.
( N P GUPTA ),J.
/tarun/