Smt. Khorbahrin Bai vs Smt. Sarbati Devi Goyal
2021 Latest Caselaw 3121 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet

                                     FA No. 340 of 2019

             Smt. Khorbahrin Bai Versus Smt. Sarbati Devi Goyal & Others




12/11/2021           Shri Ravindra Sharma, counsel for the appellant.

                     Shri Chandradeep Prasad, counsel for the respondents No. 1

to 3.

Shri Rajendra Tripathi, P.L. for the State.

Heard on I.A. No. 03/2020, which is an application for substitution of legal representative of the sole appellant under Order 22 Rule 3 of Civil Procedure Code.

The present is appellant/plaintiff's First Appeal assailing the judgment and decree dated 18.04.2019 passed by the 7th Additional District Judge, Bilaspur (C.G.) in Civil Suit No. 15-A/2013, whereby the Court below has dismissed the suit seeking declaration of the seal-deed dated 04.05.2010 registered on 31.10.2013 as null and void.

During the pendency of the appeal, the sole appellant Smt. Khorbahrin Bai has expired on 27.09.2019 and immediately thereafter, the present application has been filed on behalf of one Pravin Kumar Mishra. The application has been filed on the strength of the registered Will executed by the deceased plaintiff/appellant in favour of Pravien Kumar Mishra.

Considering the provision of Order 24 Rule 5 of CPC, let the matter be sent for inquiry to the Court below for ascertaining the fact whether the applicant namely Pravin Kumar Mishra, who seeks to substitute himself in place of the appellant/plaintiff as her legal representative, is entitled to be declared as a legal representative of the deceased appellant/plaintiff.

Let the Court below i.e. 7th Additional District Judge, Bilaspur or District Judge, if required, conduct an inquiry on the application under Order 22 Rule 3 for deciding the status of Pravin Kumar Mishra and his claim as a legal representative of deceased appellant-Khorbahrin Bai on the strength of the registered Will said to be executed in his favour.

Let the inquiry be conducted within a period of three months and the matter be listed for further hearing in the month of March, 2022.

Registry may send relevant case file to the Court below and the appellant and the respondent are also directed to remain present before the Court below on 1st December, 2021.

                          Sd/-                                          Sd/-
                    (P. Sam Koshy)                               (Rajani Dubey)
                        Judge                                       Judge




H.L. Sahu