RANIYA BAI Vs. TEKMANI RATHORE

JUDGEMENT

(1.) This second appeal under Sec. 100 of CPC has been filed against the judgment and decree dtd. 14/10/2014 passed by District Judge, Anuppur in Civil Appeal No.22-A/2013 arising out of judgment and decree dtd. 13/8/2023 passed by Civil Judge Class-2 in Civil Suit No.116A/2011.

(2.) I.A. No.421/2019 has been filed under Order 22 Rule 4 of CPC for substitution of legal representatives of respondent no.2 Bhudha Rathore.

(3.) According to this application, Buddha Rathore had expired on 6/9/2014. The death certificate is also annexed with as Annexure D/1. Thus, respondent no.2/Bhudha had expired during the pendency of the civil appeal before the First Appellate Court and on the said date the appeal was not reserved for judgment and even the final arguments took place after the death of respondent no.2/Bhudha.