Govind Singh v. Murli Singh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet FA No. 626 of 2018 Govind Singh Versus Murli Singh Allegedly appellant died.

20/08/2020 Shri Y.C. Sharma, counsel for respondent No. 1. None for respondents No. 1,8 and 13 though notices have been served upon them.

Issue notice to respondents No. 2 to 7, 9 to 12 and 14 to 21 received unserved with this endorsement that they are not residing in the given address. Earlier Shri B.D. Guru, Advocate was appearing on behalf of appellant. As per I.A. No.2 sole appellant died on 29/10/2019. Shri Anurup Panda, Advocate from the office of Shri B.D. Guru, Advocate admitted the aforesaid date of death of sole appellant. Shri Anurup Panda, Advocate further submitted that tomorrow he will file the appropriate application to bring legal heirs of died sole appellant. As per Article 120 of the Limitation Act the period of limitation is 90 days to bring the legal heirs of a deceased plaintiff or respondent which start from the date of death. Prima facie it appears that sole appellant died on 29/10/2019 no application to bring the legal heirs on record, to set-aside the abatement is pending in the record. Looking to the above mentioned facts and circumstances of the case this Court finds that appeal has been abated.

Record be send in the record room.

Sd/- (Sharad Kumar Gupta) Judge Kamde