SHAMBHU SINGH Vs. TOTARAM

JUDGEMENT

(1.) Being aggrieved by order dated 17.12.2004 passed by Ilnd Additional District Judge, Morena in Civil Appeal No. 10-A/2000 whereby the appeal filed by the appellant has been dismissed as the legal representative of the deceased Gyaniya was not brought on record in time, against which the present appeal has been filed.

(2.) Short facts of the case are that the respondent No. 1 to 11 filed a suit against the appellant which was numbered as Civil Suit No. 101 -A/85 and was decreed vide judgment dated 31.1.2000 against which the appeal was filed by the appellant which was numbered as Civil Appeal No. 10-A/2000. During the pendency of appeal Gyaniya died on 6.8.2002 and application was filed for substitution of legal representatives on 12.7.2004, the application was dismissed against which the present appeal has been filed.

(3.) After taking into consideration all the facts and circumstances of the case and keeping in view that facts that no enquiry was held by the learned appellate Court, this Court is of the view that the appeal deserves to be allowed. The appeal is allowed and the impugned order dated 17/12/2004 is set-aside with a direction to the learned appellate Court to hold summary enquiry about the facts of abatement and pass a reasoned order.