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Jodh Pal And Another v. Smt.Maha Devi And Others - SECOND APPEAL No. 1377 of 1982  RD-AH 11323 (12 July 2006)
Hon. S.P. Mehrotra, J.
Office is directed to submit Report regarding issuance of notice and service thereof pursuant to the order dated 25.1.1984 passed on the Second Appeal.
Civil Misc. (Substitution) Application No. 4905 of 1988 (dated 12.9.1988)
The aforementioned Substitution Application has been filed consequent to the death of Jodh Pal (plaintiff-appellant no.1).
Perused the Office Report dated 1.4.1991/28.4.2006 (Item No. II) in regard to service of notice stated to have been issued on the aforementioned Substitution Application.
In view of the said Report, service of notice on the defendants-respondents nos. 5 and 6 is held to be not sufficient.
As regards service of notice on the defendant-respondent no.3, Shri Neeraj Agrawal, Advocate states that he has already put in appearance on behalf of the defendant-respondent no.3. Therefore, no fresh notice is required to be sent to the defendant-respondent no.3.
As regards the defendant-respondent no.2, the said Office Report shows that the notice sent to the defendant-respondent no.2 has been received back with the remark "died".
It may, however, be noted that Civil Misc. (Substitution) Application No. 6424 of 1989 (dated 4.12.1989) was filed consequent to the death of the defendant-respondent no.2 (Dwarika Prasad).
By the order dated 18.1.1991 passed by the Joint Registrar on the aforesaid Substitution Application No. 6424 of 1989 (dated 4.12.1989), the said application was allowed, and a note was directed to be made that the heirs of the defendant-respondent no.2 were already on record.
A perusal of the Memorandum of the Second Appeal shows that while the name of Dwarika Prasad (defendant-respondent no.2) has been deleted pursuant to the said order dated 18.1.1991 passed by the Joint Registrar, necessary note, as directed in the said order, has not been made.
Registry is directed to do the needful in this regard.
As regards the defendant-respondent no.4 (Mahendra Pal), the said Office Report shows that the notice has been served personally on the defendant-respondent no.4.
In view of the above, it is directed that fresh notices be sent on the aforementioned Civil Misc. (Substitution) Application No. 4905 of 1988 (dated 12.9.1988) by Registered Post A.D. to the defendants-respondents nos. 5 and 6 fixing 27.10.2006.
Steps will be taken within four weeks, failing which, the case will be listed before the Court under Chapter XII, Rule 4 of the Rules of the Court immediately on the expiry of the said period.
Civil Misc. (Substitution) Application No. 4218 of 1987 (dated 21.5.1987)
The aforementioned Substitution Application has been filed consequent to the death of Smt. Maha Devi (defendant-respondent no.1).
It is, interalia, prayed in the aforementioned Substitution Application that the name of Smt. Maha Devi (defendant-respondent no.1) be deleted from the array of parties, and in her place, the name of her daughter, Angoori Devi, be substituted.
Perused the Office Report dated 1.4.1991/28.4.2006 (Item No. I) in regard to service of notice issued to the said proposed heir pursuant to the order dated 21.5.1987 passed by the Joint Registrar on the aforementioned Substitution Application.
Shri Neeraj Agrawal, who is already appearing as the learned Counsel for Nathoo Ram (defendant-respondent no.3) states that he has received Vakalatnama for putting in appearance on behalf of the said Smt. Angoori Devi, proposed heir and legal representative of the said Smt. Maha Devi (defendant-respondent no.1). Shri Agrawal states that the said Vakalatnama would be filed in the Registry within a week. Let the needful be done by Shri Neeraj Agrawal in this regard.
The aforementioned Substitution Application will be considered on the next date of listing.
List on 27.10.2006.
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