Chanchala Davi v. Dwarika Prasad Gupta And Others

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Second Appeal No. 242 of 2003 Chanchala Devi, aged about 44 years, occupation - agriculturist, resident of village - Deviganj Road, Ambikapur, P.S. & Tah. Ambikapur, Distt. Surguja (C.G.) ----Appellant/Plaintiff

Versus

1.

Dwarika Prasad Gupta, son of Shri Triveni Sao, aged about 65 years. 2.

Ayodhya Sao, aged about 70 years, son of Shri Triveni Sao, 3.

Jagdish Prasad, son of Shri Triveni Sao, aged about 58 years, 4.

Devdhar Prasad Gupta, son of Bechan Sao, aged about 68 years. 5.

Nanhu Prasad Gupta, so fo Shri Bechan Sao, aged about 58 years. All residence of village- Deviganj Road, Ambikapur, P.S. & Tah. Ambikapur, Distt. Surguja (C.G.) 6.

State of Chhattisgarh, through : District Collector, Surguja (C.G.) ---- Respondents/defendant For Appellant/plaintiff : Shri Sushil Dubey, Advocate. For Respondent No. 6/State : Shri Avinash Singh, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 06/09/2018 1.

The respondent No. 2 has died long back and despite time granted to the counsel for the appellant to file application for substitution, legal representatives of respondent No. 2 could not be brought on record.

2.

Thus, the second appeal is dismissed as abated. However, the appellant is at liberty to make an application under Order 22 Rule 9 of the Code of Civil Procedure in accordance with law.

Sd/- (Sanjay K. Agrawal) Judge

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