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Indrasan Prasad & Others v. Gopal Sharma & Others - SECOND APPEAL No. 1918 of 1989  RD-AH 4962 (2 March 2006)
Present: Sri Shashi Kant Rai holding brief of Sri Sankatha Rai, learned counsel for the appellant.
Sri A.K. Saxena for the respondents.
In this appeal Civil Misc. Substitution Application no. 94399 of 2005 was moved with the contention that respondent no. 7 Ram Singhasan had died about five years ago. He had no issue and he left his brothers as his heirs who are already on record as appellants no.1 to 4. Hence, an endorsement should be made that he has died and his heirs are already on the record as appellants no. 1 to 4. The learned counsel for the opposite parties has no objection to the grant of this prayer. The application is, therefore, allowed.
There is a prayer in the said application that the name of Ram Singhasan, respondent no. 7 should be deleted. However, I am of the view that this prayer cannot be allowed and instead an endorsement shall be made against his name that he has died during pendency of the appeal and his heirs are already on record as appellants no. 1 to 4. The application is disposed of accordingly.
Let the endorsement to the above effect be made by the office within a week and thereafter the appeal may be listed for hearing on admission on 10.3.2006.
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