(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. On the last date of hearing, i.e. 25.04.2012, Registry was directed to issue fresh notice returnable on 02.05.2012, to be served directly.
1.1 Learned APP Mr.L.R.Pujari is in receipt of fax message from the Police Sub Inspector, Vadnagar Police Station dated 02.05.2012, wherein it is stated that on inquiry about the opponent-Thakor Chehraji Motiji, resident of Chabaliya, he is found to have died long back, around 25 years back. A certificate to that effect issued by the Sarpanch of the village is sent by fax message and the original papers are sent by post.
The fax message is taken on record.
2. Learned APP submitted that so far as factum of opponent having died is not in dispute, but so far as time mentioned of he having died about 25 years back is concerned, there seems to be some bonafide error inasmuch as, the impugned judgment is of the year 1991. That means, it is only about 21 years by now that the judgment was pronounced and had the opponent died prior thereto, then that fact would have come on record at the time of trial itself and the judgment would not have been required to be passed against a dead man.
3. Learned APP to place on record the original papers, as and when received.
4. In light of the facts mentioned in communication dated 02.05.2012, the appeal stands abated and the same is disposed of accordingly.
(Ravi R.Tripathi, J.) (G.B.Shah, J.) *Shitole Top