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2006 Supreme(Pat) 400

NAVANITI PRASAD SINGH
Ram Singari Devi – Appellant
Versus
Govind Thakur – Respondent


Judgment

Navaniti Prasad Singh, J.

1. This civil revision application raises an interesting issue arising out of a matter relating to substitution of legal representatives of deceased-plaintiff under Order 22 Rule 3 of Code of Civil Procedure (In short "CPC"). Heirs of plaintiff by half blood have moved this Court in civil revision against the impugned order by which heirs of full blood of the plaintiff have been substituted. The petitioners before this Court are asserting that even though they are heirs of half blood, they have to be preferred to heirs of full blood which on the first flash seems to be quite a preposterious proposition. Both sets are represented before this Court. Shri Pushkar Narain Shahi, Advocate appears on behalf of petitioners and Shri Wasi Akhtar, Senior Advocate appeared on behalf of the contesting opposite parties. Heard the parties.

2. Before coming to grips with the legal Issue, It is necessary to give out the salient facts appropriate for the decision of this Court. The plaintiff Banarsi Devi, who died on 04.12.2002 and the matter in relation to substitution of her legal representatives is the question, instituted the present suit being Title Suit No. 14






































































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