Jayendra Singh vs Rajkumari
2023 Latest Caselaw 10253 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR SA No. 767 of 2022 (JAYENDRA SINGH AND OTHERS Vs RAJKUMARI AND OTHERS)

Dated : 06-07-2023 Shri R.P.Singh - Advocate for the appellants.

Heard on I.A.No.3277 of 2023, an application under Order 22 Rule 3 read with Section 151 of CPC for taking LRs of deceased/appellant No.2 Raghuvir Singh on record.

It is submitted that during pendency of present appeal, appellant No.2 Raghuvir Singh died on 28.03.2023 leaving behind LRs Smt. Jamna Parihar,

Leela Bai, Smt. Deepti Parihar and Rajendra Kumar.

Present appeal is filed on behalf of Jayendra Singh, Raghuvir Singh and Raju against the judgment and decree dated 08.12.2017 passed by II ADJ, Seondha District Datia in Civil Suit No.96A of 2013 for declaration of title and recovery of possession. The right to sue survives for remaining appellants as well as LRs of deceased Raghuvir Singh. The application is within limitation and duly supported by affidavit and copy of death certificate of Raghuvir Singh.

Considering these facts, I.A.No.3277 of 2023 is hereby allowed. The

appellants are permitted to amend the cause title accordingly.

List the matter after amendment is made.

(SANJEEV S KALGAONKAR) JUDGE

Rks RAM KUMAR SHARMA Digitally signed by RAM KUMAR SHARMA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=fddb839268e92e8a7e213279c322478eb4761365df45a6e590a0c9b59957024a, pseudonym=3A2DD409C7E00166B001086C51C67E732E553F43, serialNumber=3B922EA4FBB2AB6A4AC3EFC94C33671E3FD765EE70A3038453F8BC47FB9A192F, cn=RAM KUMAR SHARMA Date: 2023.07.06 17:13:44 +05'30'