Jabbar Singh vs Laxmi Devi - 2023 Supreme(Raj) 1928

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1928

REKHA BORANA
Jabbar Singh – Appellant
Versus
Laxmi Devi – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Narendra Thanvi, Mahendra Thanvi
For the Respondent: Akshay Nagori

ORDER :

1. An application under Order XXII Rule 10A of the Code of Civil Procedure has been preferred on behalf of respondent No. 1 with an information that respondent No. 1-Laxmi Devi has expired on 20.08.2022. A copy of the said application had been served on learned counsel for the appellants on 29.11.2022.

2. Learned counsel for the respondent No. 1 submitted that despite the information of the death of respondent No. 1 having been given to learned counsel for the appellant way back in the month of November, 2022, till date no application for substitution of legal representatives of the said respondent has been preferred by the appellant and therefore, the appeal stands abated against respondent No. 1.

3. Learned counsel for the appellants submitted that as per Order XXII Rule 10A, CPC, on an information of death of any of the parties been given, the same has to be taken on record by the Court and then only the limitation for substitution of legal representatives of the said party would commence. He therefore, submitted that the appeal would not stand abated against the deceased respondent No. 1 and he be granted time to substitute the legal representatives of the said deceased re

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