Pushkarna Brahmin Bhimji-Ka-Mohalla Vikas Samiti vs LR's of Damodar Das

Vineet Kothari, J.—Heard learned counsel for the applicant/appellant and respondents. The second appeal was dismissed for want of prosecution vide order dt. 16.04.2010.

Learned counsel for the applicant/appellant Mr. Arpit Bhoot, submits that the appeal was filed in the name of Jabarmal, who was only office bearer of landlord Trust, namely, "Pushkarna Brahmin Bhimji-Ka-Mohalla Vikas Samiti" and, therefore, on his death, the appeal could not be dismissed for want of prosecution, since the landlord Trust had never any information about the matter being taken up by this Court on 16.04.2010 and a notice ought to been sent to the Trust upon death of the office bearer, who was prosecuting the said second appeal.

Mr. K.N. Vyas, learned counsel for the respondents (legal representative of original tenant Damodar Das) opposed the request and submitted that the present misc. application has been filed belatedly even without seeking condonation of delay.

Having heard learned counsel for the parties, this Court is of the opinion that the present misc. application deserves to be allowed and the Second Appeal No. 27/1994 deserves to be restored to its original number and position for being heard on merits as the same was dismissed for want of prosecution oblivious of the fact that appellant-Jabarmal S/o Jaidev Purohit was only an office bearer of the landlord Trust.

Consequently, this misc. application is allowed. The order dt. 16.04.2010 is recalled and the Civil Second Appeal No. 27/1994 - Jabar Mal vs. LR''s of Damodar Das, is restored to its original number and position. Amended cause title showing the name of landlord as Pushkarna Brahmin Bhimji-Ka-Mohalla Vikas Samiti represented through Jethmal Vyas (the present office bearer), may be filed within a period of one week from today. Upon filing the same, the same may be taken on record. List the second appeal for hearing in due course.