Smt. Rameshwari Devi vs Tekram & Ors.

This second appeal has been preferred by the appellant/plaintiff- Smt. Rameshwari Devi under Section 100 of the Code of Civil Procedure, 1908 (for short the “CPC”) feeling aggrieved by judgment and decree dated 21.07.2017 (Annexure-A/2), passed by the first appellate Court in CA No.11-A/2015 (Smt. Rameshwari Devi v. Tekram and others), by which her first appeal challenging the judgment and decree dated 26.02.2015 (Annexure-A/1), passed by the learned trial Court in CS No.22-A/2015 (Smt. Rameshwari Devi v. Tekram and others), has been dismissed.

It transpires from the record of the case that on the last date of listing of this matter i.e. on 15.09.2025, SPC was issued to the appellant. However, today neither appellant- Smt. Rameshwari Devi appeared in person nor she is being represented by her counsel. Indeed, the SPC has been returned with an endorsement that appellant- Smt. Rameshwari Devi died 06 years prior.

Accordingly, since sole appellant- Smt. Rameshwari Devi had died and no steps has been taken to bring her legal representatives on record, the appeal could not be proceed further.

Under such circumstances, the Court is left with no other option but to disposed of this petition having being abated.