Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : Second Appeal -sole Plaintiff-appellant Died-Substitution Application Not Filed -Second Appeal Dismissed As Abated.
JUDGEMENT TITLE : Jamuna Das Vs. Ganga Ram & Others. On 02/08/2006 By Allahabad High Court
CASE NO : SECOND APPEAL NO. 2941 OF 1981
CORAM : Hon'ble Satya Poot Mehrotra,J.

HIGH COURT OF JUDICATURE AT 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.

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