HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 739/2012 K U M S Chomu ----Appellant Versus Bhanwari Lal Goyal ----Respondent Connected With S.B. Civil Miscellaneous Appeal No. 241/2002 Banwari Lal Goyal ----Appellant Versus K U M S Chomu And Ors ----Respondent For Appellant(s) : Ms. Abhilasha Vaishnav for Mr. Lokendra Singh Rao, Dy. GC For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 02/01/2025 S.B. Civil Miscellaneous Appeal No. 739/2012:- 1. On death of sole respondent No.1 (Banwari Lal), an application No. 1/2023 was filed on 02.09.2023 for bringing legal heirs of Banwari Lal on record, who expired on 21.04.2023. 2. Office has pointed out that this application has been filed after a delay and no application either for condonation of delay or setting aside of automatic abatement has been filed in support of this application. On 02.04.2024, this Court has granted time to the counsel for appellant to file application for condonation of (2 of 2) [CMA-739/2012] delay and we are exactly nine months after the grant of adjournment only on the ground. 3. It appears that the appellant is not interested in pursuing the matter in accordance with law, therefore, the application which is time barred cannot be allowed without condonation of delay and setting aside of abatement. 4. Considering the fact that application under Order 22 Rule 3 CPC is filed beyond the prescribed period of 90 days and same cannot be allowed. Thus, the appeal stands abated, hence same is dismissed in abatement on death of sole respondent. 5. Misc. application, if any, stands disposed of. S.B. Civil Miscellaneous Appeal No. 241/2002:- 1. Learned counsel for respondent submits that on death of appellant, he has moved an application under Order 22 Rule 3 CPC within 90 days but same was not traceable, therefore, he has moved an another application on 26.04.2024. 2. Considered submission of learned counsel for appellant and also perused the order dated 25.07.2023, wherein also the counsel for appellant has made a statement that application under Order 22 Rule 3 CPC was filed as per application of appellant (Banwari Lal) who died on 21.04.2023. 3. Learned counsel for appellant needs time to substantiate the fact that he has moved an application within limitation. 4. List on 21.01.2025. (ASHOK KUMAR JAIN),J GAURAV /61-62