Zora Singh vs Harnarain Singh and Others

N.K. Kapoor, J.—In the pending appeal, respondent Harnarain Singh has filed affidavit today in Court stating that Zora Singh, the sole appellant died on 9.12.1982. It is further stated that till today no application has been filed to bring on record the heirs and legal representatives of Zora Singh and thus, appeal stands abated.

Earlier too, identical objection was raised by the learned counsel for the respondents and counsel for the appellant sought time to verify this assertion of the respondents'' counsel.

Learned counsel for the appellant in all fairness conceded that appeal stands abated in view of the affidavit sworn by Harnarain Singh coupled with the fact that despite many reminders none has come present from any of the legal representatives of Zora Singh.

Keeping in view the facts duly sworn in, the present appeal stands abated and is, consequently dismissed. Heirs and legal representatives of Zora Singh have not cared to put in appearance despite communication addressed to them by the counsel for the appellant. Needless to say that heirs and legal representatives of Zora Singh can file appropriate application in terms of Order 22 Rule 9 of the CPC if so advised.

In view of what has been noticed above, the appeal stands abated and is consequently dismissed.