2006 Supreme(Raj) 2712
RAJASTHAN HIGH COURT
Satya Prakash Pathak, J.
Radha Kishan @ Radheyshyam - Appellant
Versus
Uda Ram - Respondent
S.B. Civil First Appeal No. 258 of 2004.
Decided On : 3-01-2006
Advocates:
For the Appellant:Amit Dadhich, Advocate.
For the Respondent:Chaitanya Gehlot, Advocate.
Headnote:Civil Procedure Code, 1908, Order 22 Rule 4 – Present application made for sustainability – petitioner contented that all the respondent expired and his legal representative are required to be taken on record – Court observed that said application should be supported by an affidavit and there was delay on one year which is too much to accept the application under order 22 R. 4 – Court further held that to meet the justice application allowed.
JUDGMENT
1. - The matter has been listed today on an application moved under Order 22 Rule 4 C.P.C., wherein it has been stated that sole respondent Uda Ram has expired on 25.10.2004 and his legal representatives are required to be taken on record. The application has been supported by an affidavit.
2. A reply to the application has been filed wherein it has been stated that the application has been moved after enormous delay of one year, therefore, the application is required to be dismissed.
3. I have considered the submissions made before me.
4. In the present case, the suit was filed for partition between the family members, and in the interest of justice, in my opinion, the application should be allowed with cost.
5. Accordingly, the application is allowed with a cost of Rs. 2,000/-. The appellant shall pay Rs. 2,000/- to Shri Gulabchand, one of heirs of Uda Ram, who shall file receipt in this regard in the Court within two months from today.
6. In view of the facts and circumstances mentioned in the application, legal representatives of Shri Kamal Kumar may also be taken on record as has been mentioned in the application.
7. List the matter on 2.3.2006 for appropriate orders.Application allowed.
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