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OMPRAKASH versus VASUDEO

High Court of Rajasthan

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OMPRAKASH v VASUDEO - CSA Case No. 02852 of 2002 [2006] RD-RJ 387 (9 March 2006)

S.B. Civil Second Appeal No.2852/2002 DR(J)

Date : 9.3.2006

HON'BLE MR. PRAKASH TATIA, J.

None present for the appellant.

Mr. HR Soni, for the respondent no.1.

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The report received on the summon of the respondent no.2 that he has died. Despite this report dated 18.6.2004 and information submitted by learned counsel for the respondent no.1 on 10.8.2004 after raising objection in writing about the maintainability of the appeal in reply to the application under Section 5 of the Limitation Act, no steps have been taken for substitution of the legal representatives of deceased respondent no.2, therefore, the appeal against the respondent no.2 as well as the whole appeal has abated.

Accordingly, this appeal is dismissed as abated.

(PRAKASH TATIA), J.

S.Phophaliya


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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