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Govind Mathur vs Mohan Lal and Another

Rajasthan High Court · Decided on 19 May 2012 · Citation: (2012) 2 WLN 527

HON’BLE JUDGES
Vineet Kothari, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Order 22 Rule 10A, Order 22 Rule 3(2), 151
RESULT
Dismissed
CASE NUMBER
Civil First Appeal No. 82 of 1997
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Judgment

3 paragraphs · 168 words

Dr. Vineet Kothari, J.—Mr. R.R. Nagori, Sr. Advocate pleads no instructions. An application (IA No.6863/12) filed by the respondents under Order 22 Rule 3 (2) and Order 22 Rule 10A r/w Section 151 CPC for dismissal of the appeal as abated.

2.

Learned counsel for the respondents submitted that since after the death of sole appellant-Govind Mahur, who is alleged to have expired on 16.09.2007, no steps have been taken for bringing his legal representatives on record, therefore, the present first appeal deserves to be abated. In support of the said application, affidavit of respondent No.1 Manohar Lal S/o Vardi Chand Suhalka has been filed.

3.

Since, the learned counsel for the appellant has pleaded no instructions, and nobody else has appeared to controvert these submissions of learned counsel for the respondents. Accordingly, the present appeal is dismissed as having abated. The application (IA No.6863/12) is accordingly allowed. No costs. A copy of this order be sent at the address of appellant-Govind Mahur and learned Court below forthwith.