R.C.LAHOTI, S.N.KAPUR
UTTAM CHAND (DECEASED) THROUGH PHOOL KUMARI – Appellant
Versus
CANARA BANK PAHARGANJ, NEW DELHI – Respondent
( 1 ) THIS is an appeal preferred by Smt. Phool Kumari, widow of one late Uttam Chand Jain, who was sole defendant in a civil suit.
( 2 ) ON the death of defendant, the counsel appearing for him informed the Court of factum of death as contemplated by Order 22 Rule 10-A CPC. On 18. 10. 95 it was brought to the notice of the Court by the counsel for the plaintiff that Mr. J. K. Jain, counsel appearing for the deceased defendant was also related to him. On a prayer made by the counsel for the plaintiff, the counsel for the defendant Mr. J. K. Jain was directed to disclose the names of the LRs of the deceased-defendant, so as to enable the plaintiff filing an appropriate application bringing the LRs on record.
( 3 ) AS Mr. J. K. Jain, counsel for the defendant did not comply with the order, on 17. 9. 96, the learned Single Judge has once again directed him to comply with the previous order within four weeks.
( 4 ) AGGRIEVED by the abovesaid orders, this appeal has been filed.
( 5 ) IT is submitted by the appellant that duly of the counsel contemplated by Rule 10-A of Order 22 of the Civil Procedure Code is over by bringing the factum of death of the party to the notic
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