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GOVIND NARAIN & ANOTHER versus MANNU AND OTHERS

High Court of Judicature at Allahabad

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Govind Narain & Another v. Mannu And Others - SECOND APPEAL No. 1740 of 1985 [2007] RD-AH 1163 (18 January 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. S.P. Mehrotra, J.

Civil Misc. ( Substitution Application ) No. 228080 of 2005.

The aforementioned Substitution Application has been filed consequent to the death of Prem Narain  (defendant-appellant no.2) .

An affidavit, sworn on 23.11.2005, has been filed in support of the aforementioned Substitution Application.

It is, interalia, stated in the aforementioned Substitution Application that the said Prem Narain  (defendant-appellant no. 2) died on 27.9.2005 leaving behind him his heirs and legal representatives as mentioned in paragraph no. 2 of the aforementioned Substitution Application .

The aforementioned Substitution Application was filed on 24.11.2005.

By the order dated 24.11.2005 passed by the Joint Registrar, notice was directed to be issued on the aforementioned Substitution Application.

A perusal of the order dated 3.8.2006 read with the order dated 18.12.2006 shows that Sri O.P. Lohia , Advocate appears for all the proposed heirs and legal representatives of the said Prem Narain ( defendant -appellant no. 2) .

Sri H.B. Singh, Advocate, appears for the plaintiffs-respondents nos. 1/1,1/2, and 2 to 5.

Sri S.C.Tiwari, Advocate, appears for the  plaintiffs-respondents nos. 3,4 and 5.

The case has been taken up in the revised list.

Sri O.P.Lohia, learned counsel for the defendant-appellant no. 1 and for the proposed heirs and legal representatives of the defendant-appellant no.2, is present. However, the learned counsel for the plaintiffs-respondents are not present.

I have heard Sri O.P. Lohia and perused the record.

In view of the above, it is evident that the said Prem Narain ( defendant-appellant no.2) died on 27.9.2005, while the aforementioned Civil Misc.  (Substitution ) Application No.228080  of 2005 was filed on 24.11.2005.

Thus, the aforementioned Substitution Application was filed within time.

A perusal of the Office Report dated 10.1.2007 shows that no Counter Affidavit has been filed against the aforementioned Substitution Application. There is , thus, no opposition to the aforementioned Substitution Application.

In the circumstances, I am of the opinion that the aforementioned Substitution Application deserves to be allowed.

The aforementioned Substitution Application is,  accordingly, allowed.

Let the name of the said Prem Narain ( defendant-appellant no. 2) be struck off from the array of parties in the Second Appeal , and in his place the names of his heirs and legal representatives ,  as mentioned in paragraph no.2 of the aforementioned Substitution Application , be  substituted as the defendants-appellants nos. 2/1,2/2,2/3,2/4,2/5 and 2/6, respectively.

Let necessary amendments be made within eight weeks.

The case will thereafter be listed before the Court with the Office Report regarding the status of the case.

Dt. 18.1.2007

Second Appeal No. 1740 of 1985/aks.  


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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