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JAMUNA DAS versus GANGA RAM & OTHERS

High Court of Judicature at Allahabad

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Jamuna Das v. Ganga Ram & Others - SECOND APPEAL No. 2941 of 1981 [2006] RD-AH 12773 (2 August 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 49

   Second Appeal No. 2941 of 1981

Jamuna Das  Vs. Sri Ganga Ram others

Hon. S.P. Mehrotra, J.

Case called out in the revised list.

Learned counsel for the parties are not present.

It appears that Civil Misc. ( Abatement ) Application No. 49907 of 2000 has been filed on behalf of the defendants-respondents ,interalia, praying that the Second Appeal , be  dismissed as having abated.

The aforesaid Abatement Application is supported by an affidavit, sworn on 3.7.2000.

In paragraph no. 2 of the said affidavit, it is , interalia, stated that Jamuna Das ( plaintiff-appellant) died in the year 1997, but no Substitution Application has been filed till date.

In view of the averments made in paragraph no.2 of the said affidavit, the Court , by its order dated 17.4.2006, directed the Office to submit its report  as to whether any Substitution Application had been filed on behalf of the heirs and legal representatives of the said Jamuna Das ( plaintiff-appellant) for being substituted in place of the said Jamuna Das .

Pursuant to the  said order dated 17.4.2006, the Office has submitted its Report dated 1.5.2006.

A perusal of the said Report dated 1.5.2006 shows that no Substitution Application has been filed on behalf of the heirs and legal representatives of the said Jamuna Das ( plaintiff-appellant)  for being substituted in place of the said Jamuna Das.

In view of the above, it is evident that the Second Appeal at the instance of the said Jamuna Das ( plaintiff -appellant ) stands abated.

The said Jamuna Das was the sole plaintiff-appellant. Therefore, the Second Appeal stands dismissed as having abated.

Dt. 2.8.2006/Second Appeal No. 2941 of 1981/aks.


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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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