NAR SINGH versus SHRI NARAIN

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Nar Singh v. Shri Narain - SECOND APPEAL No. 2510 of 1981 [2006] RD-AH 11621 (17 July 2006)

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. 55572 of 1997

The aforementioned Substitution Application has been filed consequent to the death of Sukkal ( defendant-respondent no.3).

Perused the Office Report dated 14.7.2006 in regard to service of notices issued on the aforementioned Application pursuant to the order dated 1.9.1997 passed by the Additional Registrar read with the order dated 4.4.2006 passed by the Court.

The said Office Report shows that the notices issued to the proposed heirs and legal representatives nos. 3/5 and 3/6, have been duly served, and the Acknowledgement Due Cards have been received back.

As regards the proposed heir and legal representative no. ¾, the said Office Report, interalia, states that neither undelivered cover nor acknowledgment card has been received so far.

In view of the said Report,  the service of notice on the proposed heir and legal representative no. ¾ , is held to be sufficient.

As regards the service of notice on the proposed heirs and legal representatives nos. 3/2 and 3/3, the said Office Report shows that the Registered Envelops, wherein the said notices were sent, have been received back with the endorsement that the addressees refused to take the notices.

In view of the said Office Report, the service of notices on the proposed heirs and legal representatives nos. 3/2 and 3/3, is held to be sufficient by refusal.

As regards the service of notice issued to the proposed heir and legal representative no. 3/1, the same has been received back with the endorsement quoted in the said Office Report dated 14.7.2006.

In view of the said endorsement, the service of notice on the proposed heir and legal representative no. 3/1, is held to be not sufficient.

In the circumstances, Sri Surendra Tiwari, learned counsel for the applicants in the aforementioned Substitution Application prays for and is granted three weeks' time to obtain instructions in the matter.

Civil Misc. ( Substitution ) Application No. 933 of 2006

The aforementioned Substitution Application has been filed consequent to the death of Siyaram ( plaintiff-respondent no.2).

The Office has not submitted any fresh report in regard to the aforementioned Application, despite direction in this regard having been given in the said order dated 4.4.2006.

The Office will submit its fresh report , as per the direction given in the said order dated 4.4.2006, when the case is listed next.

List after three weeks.

Dt. 17.7.2006/Second Appeal No. 2510 of 1981/aks.

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