STATE Vs. PREM RAJ

JUDGEMENT

(1.) THESE second appeals are pending since 11.3.1974 against the judgment and decree dated 18.10.73 passed by learned Addl. Dist. Judge, Sirohi in C.A.D. No. 45/71 and C.A.D. No. 44/71 which arise from the judgment and decree dt. 1.6.71 of learned Civil Judge, Sirohi passed in civil suit No. 90/70. Both these appeals were decided by the first Appellate court by a common judgment dt. 18.10.73. Hence, they are being disposed of by this common judgments.

(2.) DURING the pending appeal Prem Raj respondent has expired, when the came up for consideration on 25.7.85, learned Counsel for the respondents submitted that Prem Raj died long back hence appeal has abated. On this learned Counsel for the appellant sought time to ascertain the fact and to seek instructions to take proper steps Mr. K.C. Samariya, has been appointed as Guardian Ad -litem for minors Dharamendra Kumar Chandra Prakesh, puneet Kumar and Bhupesh Kumar, legal representatives of Nand Kishore and Gulab chand.

(3.) MR . I.J. Lodha, learned Counsel on behalf of legal representatives Mohini and Behari has submitted that the application has been filed after abnormal delay and only on 30.9.85 Whereas Prem Raj expired on 2.3.1979 and the period for setting aside the abatement has been already been expired and on application for setting aside the abatement has been filed. He has also submitted that a bare perusal of the application filed by the appellant shows that the appellant has not explained sufficient cause of delay of each days. He has further submitted that our of six legal representatives of deceased respondent Prem Raj four have expired. The appellant has not moved application for bringing legal representatives of deceased legal representatives except for deceased legal representatives No. 3, 4 & 6, Which is also time barred and, therefore this appeal has abated.