Smt. Pusplata Mishra vs Manish Tiwari And Ors
2021 Latest Caselaw 3317 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                               FA No. 115 of 2012
              Smt. Pusplata Mishra Versus Manish Tiwari And Ors.




25-11-2021            Mrs. Renu Kochar, counsel for the appellant.
                      Mr. Raj Kumar Pali and Mr. A.D. Kuldeep, counsel fore the
             respondents.

Learned counsel for the appellant would submit that during pendency of the appeal the appellant who was defendant No.4 before the trial court died on 12-1-2018. She has filed an application (I.A.No. 9 of 2021) for bringing legal representative namely Rajat @ Rajayawardhan Mishra, who is the nephew of deceased appellant on record as appellant No.1. She would further submit that since respondents are raising objection with regard to bring proposed legal representative of deceased appellant on the basis of will and they are also praying remitting back the matter to the trial court for conducting enquiry under Order 22, Rule5 of C.P.C., she would further submit that the exercise cannot be taken out by the trial court as the will is required complicated enquiry and it cannot be conducted further enquiry, therefore she would further submit that this court may bring the legal representative of deceased appellant on record.

On the other hand, Mr. R.K Pali, learned counsel for the respondents would submit that on the basis of will learned counsel for the appellant is insisting to bring legal representative on record and its correctness has to be ascertained by the trial court then only he can be brought on record. He would further submit that to make his further submission he needs some time to go through the judgment on this issue.

The issue involved in the present appeal is how on the basis of a will, legal representative can be brought on record. Therefore, this court deems proper to adjourn the case for two weeks to enable the learned counsel for the parties to assist this court with law on the subject as to whether this court can pass the order on the basis of the will without sending the matter for trial to the trial court for conducting further proceedings as defined under Order 22 Rule 5 of CPC.

List this case after three weeks.

Sd/-

(Narendra Kumar Vyas) Judge

Raju