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DEEPAK KUMAR TIWARI
Kurban Ansari – Appellant
Versus
Nuresha Bibi – Respondent
ORDER :
(Deepak Kumar Tiwari, J.)
This Civil Revision has been filed under section 115 of the CPC being aggrieved by the order dated 26.02.2021 passed by the Civil Judge, Class-I, Balrampur at Ramanujganj whereby, with regard to a direction of summary enquiry in Second Appeal No.335/2010 (Shahmir Ansari v. Smt. Savitri Devi & Others), a report was submitted by the trial Court that Non-Applicant No.1-Nuresha Bibi is the legal representative of deceased/Plaintiff-Shahmir Ansari.
2. The facts of the case in nut-shell are that Late Shahmir Ansari filed a Civil Suit bearing No.20-A/2006 for declaration of title and permanent injunction against Non-Applicants No.2 & 3 in which, the said Non-Applicants have also filed a counter claim and asserted that they are the bona fide purchasers of the suit property by way of a registered sale deed executed by the deceased/Plaintiff Shahmir Ansari on 30.03.1979. The trial Court has, vide its judgment and decree dated 28.07.2007, dismissed the counter claim and the suit was allowed and decreed in favour of Late Shahmir Ansari. Non- Applicants No.2 & 3, the purchasers had challenged the said decree in an Appeal i.e. Civil Appeal No.8-A/2007 before the A
Determination of legal representatives under Order 22, Rule 5 CPC is limited to ongoing proceedings and does not confer property rights among rival claimants.
The determination of legal representatives under Order XXII Rule 5 is a summary inquiry focused on representation in the suit, not on resolving inheritance rights.
Legal representation in appeals must be determined through proper inquiry and evidence, not conjecture, as mandated by procedural law.
The trial court erred by abating the suit without proper inquiry into legal representation, as abatement is procedural and not substantive, requiring adherence to the principles laid out under Order ....
The death certificate is sufficient for legal representative applications under Order XXII Rule 3 CPC; no family member certificate is required.
The Appellate Court has discretion in determining legal representation without remanding to the Trial Court, and the validity of a Will can be established through documentary evidence.
A party must produce original documents such as a 'Will' to substantiate their claim for legal representation in a proceeding; failure leads to dismissal of the application.
Point of Law : Code of Civil Procedure enjoins various provisions only for the purpose of avoiding multiplicity of proceedings and for adjudicating of related disputes in the same proceedings, the pa....
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