Smt. Chandabai Bhura (Since Dead) ... vs Inder Chand Bhura (Since Dead) ...
2022 Latest Caselaw 5942 MP

                                                                         1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                    FA No. 311 of 2022
                                       (SMT. CHANDABAI BHURA (SINCE DEAD) VIRENDRA KUMAR BHURA AND OTHERS Vs INDER CHAND
                                                         BHURA (SINCE DEAD) SMT. TARA BHURA AND OTHERS)

                                     Dated : 22-04-2022
                                           Shri Devashish Sakalkar, counsel for the appellants.

                                           Heard on the question of admission.
                                           Let notices be issued to the respondents, on payment of process fee within

seven working days, by ordinary as well as registered mode.

Record of the Court below be called for.

After hearing arguments of learned counsel for the appellants, it revealed that the original defendant Inder Chand Bhura had died even prior to passing of the judgment and decree impugned.

Learned counsel for the appellants submits that before the Court below he filed an application under Order 22 Rule 4 of CPC for substitution of legal heirs of defendant Inder Chand Bhura and the learned Trial Court issued notices to the legal heirs of defendant Inder Chand Bhura, but as legal heirs of defendant Inder Chand Bhura did not appear before the Court below, therefore, application under Order 22 Rule 4 (4) CPC was filed for seeking exemption from substitution of

legal heirs of defendant Inder Chand Bhura, which was granted by the Court below and thereafter the judgment and decree was passed against a dead person Inder Chand Bhura regarding declaration and restoration of possession.

Learned counsel for the appellants submits that he has filed this appeal only against refusal of prayer of mesne profits and he has impleaded respondent no.1 to 6 as party to this appeal, who are in fact legal heirs of defendant Inder Chand Bhura.

Learned counsel for the appellants prays for and is granted time to argue with regard to the question whether legal representatives of a deceased person can be impleaded in the appeal, who died even prior to passing of the judgment and decree and how the appeal against present respondent nos.1 to 6 is maintainable.

Leaving this question open, appeal be listed for hearing after service of Signature Not Verified SAN

notice on the respondents.

Digitally signed by REENA HIMANSHU SHARMA Date: 2022.04.23 16:53:48 IST

(DWARKA DHISH BANSAL) JUDGE rv

Signature Not Verified SAN

Digitally signed by REENA HIMANSHU SHARMA Date: 2022.04.23 16:53:48 IST