Ram Bai vs Faagu Pyare
2021 Latest Caselaw 6172 MP

                                                        1                              SA-2713-2019
                                The High Court Of Madhya Pradesh
                                            SA-2713-2019
                                             (RAM BAI Vs FAAGU PYARE AND OTHERS)

                      8
                      Jabalpur, Dated : 28-09-2021
                            Heard through Video Conferencing.
                            Shri Anurag Sahu, learned counsel for the appellant.
                            Heard I.A. No.2959/2020, which is an application filed under Order 22
                      Rule 3 and 4 of CPC for bringing the legal heirs of respondent No.1-Faagu

on record.

Learned counsel for the appellant submits that respondent No.1-Faagu as shown in his death certificate but the fact about his death was not apprised by his counsel to learned first appellate Court while passing the impugned judgment and decree dated 26/08/2019. The appellant knew about the fact of death of respondent No.1 when notices of respondents were returned. Thereafter he filed above application within time, therefore, the said application may be allowed.

Notices of I.A. No.2959/2020 were served on the proposed LRs of respondent No.1 as shown in the office report dated 21/5/2021. No one is

present on behalf of the proposed legal heirs of respondent No.1, therefore, after due consideration, the aforesaid IA is allowed.

The appellant is permitted to bring the L.Rs. of respondent NO.1 on record.

Learned counsel for the appellant is directed to amend the cause title of the appeal memo within a week.

Let the matter be listed for arguments on admission in the week commencing 4th October, 2021.

                                                                   (SATYENDRA KUMAR SINGH)
                                                                            JUDGE


                      ts

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TULSA SINGH
Date: 2021.09.29
10:16:21 IST