Smt. Motaniya vs Smt. Kusumkali
2024 Latest Caselaw 4404 MP

Madhya Pradesh High Court

Smt. Motaniya vs Smt. Kusumkali on 15 February, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         SA No. 704 of 2021
                                               (SMT. MOTANIYA Vs SMT. KUSUMKALI AND OTHERS)

                           Dated : 15-02-2024
                                 Shri Mahabir Prasad Shukla - Advocate for appellant.

                                 Ms. Priti Singh - Panel Lawyer for State.

                                 Heard on I.A.No.7963/2021 in which a prayer has been made for
                           ignoring the default No.4.
                                 It has been argued by the learned counsel for the appellant that the details

                           of respondent No.5 were correctly mentioned in the cause title of the judgment

of trial Court but before the First Appellate Court her husband's name was wrongly mentioned to be 'Ramdhani' and this difference is being highlighted by the Registry.

In the present appeal, the correct name of the husband of respondent No.5 has been mentioned as per the details given in the cause title of judgment of trial Court, therefore, the application for ignoring the default is allowed.

It appears that the respondent No.5 had expired on 25.07.2022. The counsel for appellant seeks time to file application for substitution of LRs.

Subject to the period of limitation applicable in this application, permission is granted.

List the matter after 2 weeks.

(ANURADHA SHUKLA) JUDGE

NP