Rambharosi vs Board Of Revenue,Gwalior
2022 Latest Caselaw 624 MP

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                                            The High Court Of Madhya Pradesh
                                                     WP No. 11051 of 2012
                                            (RAMBHAROSI AND OTHERS Vs BOARD OF REVENUE,GWALIOR AND OTHERS)

                                    Jabalpur, Dated : 13-01-2022
                                          Heard through Video Conferencing.

                                          Shri Devdutt Bhave, learned counsel for the petitioners.
                                          Shri Pankaj Dubey, learned counsel for the respondent No.5.

Heard on I.A.No.10441/2019, which is an application for bringing the legal representatives of respondent No.5 on record.

Although learned counsel for the respondent No.5 has vehemently

opposed the application pointing out the fact that death has taken place in the year 2015, for which, an information was already supplied and circulated in the local newspaper, but no step for bringing the legal representative of respondent No.5 on record has been taken. It is argued that in terms of Order 22 Rule 4 of CPC, a limitation has been provided and there is no explanation for more than four years' delay for bringing the legal representative on record.

Counsel for the petitioners by placing reliance upon a judgment of Hon'ble Supreme Court in the case of Puran Singh and others vs. State of Punjab and others reported in (1996) 2 SCC 205, wherein, the Hon'ble

Supreme Court considering the provisions of Section 141 of CPC has categorically observed that in the proceedings of writ petition under Article 226/227 of the Constitution of India, there will be no applicability of the provisions of CPC for bringing the legal representatives on record and, therefore, the factum of delay in filing the application for bringing legal representatives will not be helped the counsel appearing for the respondent. It is further pointed out that the circulation was made in the local newspaper, whereas the petitioner is residing at Rajasthan, therefore, he was having no information. Even otherwise, the controversy involved is with respect of mutation and no legal right accrues to the parties on the basis of mutation.

In such circumstances and considering the judgment of Hon'ble Signature Not Verified SAN Supreme Court in the case of Puran Singh and others (supra), the

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.01.14 10:51:24 IST

application for bringing the legal representatives of respondent No.5 is allowed. Necessary correction be carried out within seven working days from today.

Issue notice to the newly added respondents on payment of process fee within seven working days by RAD mode.

(VISHAL MISHRA) JUDGE

sj

Signature Not Verified SAN

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.01.14 10:51:24 IST