NEMI CHAND AND ORS Vs. HIRA LAL

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 3.12.2010 passed by District Judge, Merta whereby the first appeal filed by Nemi Chand against judgment and decree dated 24.10.2007 passed by Civil Judge (Junior Division), Merta was rejected.

(2.) The appeal has been preferred by the legal representatives of the said defendant Nemi Chand. When office raised objection about the cause title not tallying with the first appeal, an application under Order XXII Rule 3 read with Section 151 CPC for taking the legal representatives of Nemi Chand on record has been filed. It is inter alia indicated in the said application that Nemi Chand, the sole defendant in the suit and appellant in the first appeal had died on 15.1.2010 and an information to this effect was given to the counsel, who was representing Nemi Chand before the first appellate court. However, the application in this regard was not submitted and the appeal, without bringing on record the legal representatives of the appellant Nemi Chand, came to be dismissed and therefore, the applicants i.e. legal representatives of deceased Nemi Chand be taken on record.

(3.) A reply to said application has been filed by the respondent inter alia raising objections about maintainability of the said application and submitting that the appeal itself is not maintainable and therefore, the same deserves to be dismissed. Having considered the submissions and the record of the case it is apparent that Nemi Chand, the appellant before the first appellate court had died on 15.1.2010 and the appellate decree came to be passed by the first appellate court on 3.12.2010.