Jeevan Singh Vs. R F C - Court Judgment

Excerpt:
1 s.b. civil misc. appeal no.453/1999 jeevan singh vs. rajasthan state finance corporation & anr. date of judgment ::5.2.2013 hon'ble mr. justice arun bhansali mr. s.l. jain, for the appellant. mr. n.m. lodha, sr. advocate assisted by mr. v.d. dadhich, for the respondents. ---- on account of death of the appellant, an application under order xxii, rule 3 & 4 cpc read with section 151 cpc has been filed by the respondent rajasthan state finance corporation with the submissions that the appellant jeevan singh has died on 27.2.2004 and a copy of the death certificate has been placed on record and, therefore, the appeal has abated. it has further been submitted that under the scheme known as 'one time settlement scheme' matter has already been settled between the parties. a copy of the application was served on the counsel appearing on behalf of the appellant. he is not in a position to controvert the facts stated in the application which is supported by an affidavit of the deputy manager (law) of the respondent corporation. in that view of the matter, the appeal is dismissed as having become infructuous. (arun bhansali), j.rm/-

Judgment:
1 S.B. CIVIL MISC. APPEAL NO.453/1999 Jeevan Singh Vs. Rajasthan State Finance Corporation & Anr. Date of Judgment ::5.2.2013 HON'BLE MR. JUSTICE ARUN BHANSALI Mr. S.L. Jain, for the appellant. Mr. N.M. Lodha, Sr. Advocate assisted by Mr. V.D. Dadhich, for the respondents. ---- On account of death of the appellant, an application under Order XXII, Rule 3 & 4 CPC read with Section 151 CPC has been filed by the respondent Rajasthan State Finance Corporation with the submissions that the appellant Jeevan Singh has died on 27.2.2004 and a copy of the death certificate has been placed on record and, therefore, the appeal has abated. It has further been submitted that under the scheme known as 'One Time Settlement Scheme' matter has already been settled between the parties. A copy of the application was served on the counsel appearing on behalf of the appellant. He is not in a position to controvert the facts stated in the application which is supported by an affidavit of the Deputy Manager (Law) of the respondent Corporation. In that view of the matter, the appeal is dismissed as having become infructuous. (ARUN BHANSALI), J.

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