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D.R.D.A.JODHPUR v LRS.OF JAWAHAR LAL - CMA Case No. 1865 of 2007  RD-RJ 3695 (1 August 2007)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
CIVIL MISC. APPEAL No. 1865 of 2007
LRS.OF JAWAHAR LAL
Mr. BC MEHTA, for the appellant / petitioner
Date of Order : 1.8.2007
HON'BLE SHRI N P GUPTA,J.
Heard learned counsel for the appellant.
The learned trial court has found the fact of death of Jawaharlal to have come on record on the notice sent to Jawaharlal way back on 10.9.1999 itself, still no application has been filed for brining his legal representatives on record, and that the appellant has failed to explain the circumstances on account of which the application for substitution of legal representatives could not be filed in time, therefore, the matter has abated, and no application has been filed for setting aside abatement, the matter has been disposed of as abated.
Admittedly the application has been filed after 5 years. It was argued that the provisions of Order 22 do not apply to the proceedings before the learned court below under arbitration, and therefore, the impugned order is liable to be set aside.
In my view, admittedly when the fact of death came on the record on 10.9.1999 itself, and that application has been filed after more than five years, in such circumstances, may be that technically provisions of abatement may, or may not apply but then if application is not filed for such a long time, the proceedings cannot continue against the dead person. Thus, I do not find any ground to interfere with the impugned order.
The appeal is, therefore, dismissed.
( N P GUPTA ),J. /Sushil/
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