Smt. Fulmat Bai v. Krishna Bai

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet FA No. 482 of 2017 Smt. Fulmat Bai Versus Krishna Bai 24.08.2020 Sole appellant died.

None for respondents No.1 to 4. Counsel for respondents No.1 to 4 did not connect through VC.

Mr. D. K. Tiwari, Dy. G.A. for respondent No.5/State. Earlier Shri Sanjay Patel, Advocate was appearing on behalf of appellant. Heard on I.A.No.2/2018.

As per I.A.No.2 sole appellant died on 02.06.2018. As per Article 120 of the Limitation Act to bring the legal heirs of appellant/respondent prescribed period of limitation is 90 days. No application is pending on the record to bring the legal heirs of died sole appellant nor any application is pending to set aside the abatement. In the case in hand the appeal is abated and power of attorney cannot prosecute the appeal because sole appellant is died. The appeal is dismissed as abated.

I.A.No.2 disposed of accordingly.

Sd/- (Sharad Kumar Gupta) Judge parul