Dhurender Singh vs Bhaiyalal Singh & Ors
2022 Latest Caselaw 16662 MP

                                                                    1
                                        IN    THE     HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                                BEFORE
                                                  HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                       ON THE 15 th OF DECEMBER, 2022
                                                         MISC. APPEAL No. 2506 of 2004

                                       BETWEEN:-
                                       1.

DHURENDER SINGH S/O AMARPAL SINGH, AGED ABOUT 60 YEARS, AGRICULTURIST, R/O VILLAGE MAJHRETIKALA, TAH SIHAWAL, DISTRICT SIDHI (MADHYA PRADESH)

2. CHANDRAVATI SINGH W/O LATE SHRI DHURENDER SINGH, AGED ABOUT 80 YEARS, VILLAGE MAJHREHTIKALA, POST OFFICE KUCHWAHI, SIDHI (MADHYA PRADESH)

3. SHIV PRATAP SINGH S/O LATE SHRI DHURENDER SINGH, AGED ABOUT 50 YEARS, VILLAGE MAJHREHTIKALA, POST OFFICE KUCHWAHI, SIDHI (MADHYA PRADESH)

4. GYANENDRA PRATAP SINGH S/O LATE SHRI DHURENDER SINGH, AGED ABOUT 46 YEARS, VILLAGE MAJHREHTIKALA, POST OFFICE KUCHWAHI, SIDHI (MADHYA PRADESH)

5. ASHOK KUMAR SINGH S/O LATE SHRI DHURENDER SINGH, AGED ABOUT 40 YEARS, VILLAGE MAJHREHTIKALA, POST OFFICE KUCHWAHI, SIDHI (MADHYA PRADESH)

6. KRISHAN PRATAP SINGH S/O LATE SHRI DHURENDER SINGH, AGED ABOUT 38 YEARS, VILLAGE MAJHREHTIKALA, POST OFFICE KUCHWAHI, SIDHI (MADHYA PRADESH)

7. URMILA SINGH D/O LATE SHRI DHURENDER SINGH, AGED ABOUT 36 YEARS, VILLAGE MAJHREHTIKALA, POST OFFICE KUCHWAHI, SIDHI (MADHYA PRADESH) Signature Not Verified

8. NEELAM SINGH D/O LATE SHRI DHURENDER SAN

Digitally signed by VAIBHAV YEOLEKAR SINGH, AGED ABOUT 34 YEARS, VILLAGE Date: 2022.12.16 10:50:58 IST MAJHREHTIKALA, POST OFFICE KUCHWAHI, SIDHI (MADHYA PRADESH)

.....APPELLANT (BY SMT. ALKA SINGH BAGHEL - ADVOCATE)

AND

1. BHAIYALAL SINGH S/O SHRI GULAB SINGH, AGED ABOUT 30 YEARS, AGRICULTURIST.

2. MST. ANARKALI @ GENAUA W/O LATE SHRI BHAIYALAL, AGED ABOUT 55 YEARS, VILLAGE MAJHRETTI KALA, P,S, CITY KOTWALI, TEHSIL SIYAWAL, SIDHI (MADHYA PRADESH)

3. AKHILESH KUMAR SINGH S/O LATE SHRI BHAIYALAL, AGED ABOUT 33 YEARS, VILLAGE MAJHRETTI KALA, P,S, CITY KOTWALI, TEHSIL SIYAWAL, SIDHI (MADHYA PRADESH)

4. SMT. KAMLA D/O LATE SHRI BHAIYALAL, AGED ABOUT 40 YEARS, VILLAGE MAJHRETTI KALA, P,S, CITY KOTWALI, TEHSIL SIYAWAL, SIDHI (MADHYA PRADESH)

5. SMT. GUDDI D/O LATE SHRI BHAIYALAL, AGED ABOUT 35 YEARS, VILLAGE MAJHRETTI KALA, P,S, CITY KOTWALI, TEHSIL SIYAWAL, SIDHI (MADHYA PRADESH)

6. SMT. YASHODA @ DOSHWA D/O SHRI BHAIYALAL, AGED ABOUT 30 YEARS, VILLAGE MAJHRETTI KALA, P,S, CITY KOTWALI, TEHSIL SIYAWAL, SIDHI (MADHYA PRADESH)

7. AJMER S/O SHRI BIRAHIN MUSALMAN, AGED ABOUT 60 YEARS, VILLAGE MUJHERETIKALA, P.S. KOTWALI SIDHI (MADHYA PRADESH)

8. ALGU S/O SHRI BIRAHIN MUSALMAN, AGED ABOUT 55 YEARS, VILLAGE MUJHERETIKALA, P.S. KOTWALI SIDHI (MADHYA PRADESH)

9. BHULEN S/O SHRI BIRAHIN MUSALMAN, AGED ABOUT 65 YEARS, VILLAGE MUJHERETIKALA, P.S. KOTWALI SIDHI (MADHYA PRADESH) Signature Not Verified

10. CHANDRABHAN SINGH S/O SHRI PARIGAN SAN

Digitally signed by VAIBHAV YEOLEKAR SINGH, AGED ABOUT 65 YEARS, Date: 2022.12.16 10:50:58 IST MAJHERETIKALA, TEHSIL SIHAWAL, SIDHI (MADHYA PRADESH)

11. AYODHYA SINGH S/O LALOHAR SINGH, AGED ABOUT 50 YEARS, VILLAGE MAJHERETIKALA, TEHSIL SIHAWAL, SIDHI (MADHYA PRADESH)

12. VIJAY PRATAP SNGH S/O SHRI LALOHAR SINGH, AGED ABOUT 40 YEARS, VILLAGE MAJHERETIKALA, TEHSIL SIHAWAL, SIDHI (MADHYA PRADESH)

13. SHYAMBIHARI SINGH S/O SHRI LALOHAR SINGH, AGED ABOUT 25 YEARS, VILLAGE MAJHERETIKALA, TEHSIL SIHAWAL, SIDHI (MADHYA PRADESH)

14. SHIVRAJ SINGH S/O LALOHAR SINGH, AGED ABOUT 45 YEARS, VILLAGE MAJHERETIKALA, TEHSIL SIHAWAL, SIDHI (MADHYA PRADESH)

15. MST. SUKHRAJU W/O LATE LALOHAR SINGH, AGED ABOUT 80 YEARS, VILLAGE MAJHERETIKALA, TEHSIL SIHAWAL, SIDHI (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR THE RESPONDENTS)

Th is appeal coming on for hearing this day, t h e court passed the following:

ORDER This Miscellaneous appeal is filed by the plaintiff being aggrieved of order dated 14/05/2004 passed by the learned III Additional District Judge, Sidhi in regular Civil Appeal No. 3-A/2004 whereby the appeal filed by the plaintiff seeking condonation of delay for substituting the legal heirs has been

rejected.

Reliance is placed on the decision of a co-ordinate Bench of this Court in Heera lal Vs. Tijiabai 2010 MPHT (2) 217 wherein it is held that uneducated Signature Not Verified SAN agriculturist villagers were not aware of the legal position of bringing the legal Digitally signed by VAIBHAV YEOLEKAR Date: 2022.12.16 10:50:58 IST representatives on record, therefore, relying on the judgment of Supreme court

in Ram Sumiran and others Vs. D.D.C. and others AIR 1985 SC 606 allowed the application as well as the appeal.

When this judgment is applied to the facts and circumstances of the case, the impugned order deserves to be set aside and is set aside. The application for substitution is allowed. Parties are directed to appear before the appellate court where the appellate court shall proceed with the matter.

Accordingly, this appeal is disposed of.

(VIVEK AGARWAL) JUDGE vy

Signature Not Verified SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2022.12.16 10:50:58 IST