Baxi Ram vs Pyar Chand & Anr on 23 October, 2008

3         S.B. CIVIL FIRST APPEAL NO.30/1989


         Date of Order ::     23rd October 2008.

                 HON'BLE MR. JUSTICE DINESH MAHESHWARI

         Mr.Manish Shishodia, for the applicants.

                                     ....

                 Though     nobody   has    chosen   to   appear   for   the
         respondents despite the matter having been called out thrice
         over but then, upon consideration of the application (IA
         No.6731/2008)       as moved under Order XXII Rule 3 of the
         Code of Civil Procedure with the prayer for substitution of the
         legal representatives of the deceased sole appellant Baxi
         Ram, it is noticed from the        averments made in the said
         application that the sole appellant expired on 31.01.2008
         whereas     the application was moved only on 28.05.2008;
         obviously beyond the period of 90 days from the date of
         demise. The prayer has been made only for substitution of the
         named legal representatives as appellants. Neither any
         application has been moved for setting aside of abatement nor
         even a prayer to that effect has been made in the said
         application.


                 The abatement of appeal being automatic, neither the
         application (IA No. 6731/2008) moved merely for substitution
         could be granted nor there appears any justification to adjourn
         the matter, as prayed.


                 The appeal having abated, be consigned to record as
         such.
                                            (DINESH MAHESHWARI), J.

s.soni