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NEENA BANSAL KRISHNA
Sarabjit Singh – Appellant
Versus
Surinder Mohan Tarun – Respondent
JUDGMENT (Oral)
I.A. 6723/2022 (u/O XXII Rule 4 r/w Order I Rule 10 & Section 151 of CPC, 1908 by applicant/Ved Vyas, Special Power of Attorney Holder of surviving legal heirs of the deceased defendant for bringing the applicants as the legal heirs of the deceased defendant on record)
1. An application has been filed by the applicants to be substituted as legal heirs of the deceased defendant Surendra Mohan Tarun, claiming themselves to be his Class-II legal heirs.
2. It is submitted in the application that the defendant was a bachelor and he died in Safdarjung Hospital on 16.11.2021. The applicants are all the cousin brothers and sister of the deceased. They had performed the last rites of the deceased and are entitled to be impleaded as the legal heirs. The application is supported with a family tree which shows that Sh. Basant, father of deceased defendant Surendera Mohan had three brothers namely Shri Kotu Ram Gupta who died on 01.01.1969, Shri Surinder Dass who died before partition and Late Shri Teerth Ram who died on 07.06.1967. The applicants are the son and daughters of Late Shri Teerth Ram and Late Shri Kotu Ram Gupta.
3. The plaintiffs have contested the application who have
The main legal point established in the judgment is the entitlement of Class-II legal heirs to be impleaded as the legal heirs of the deceased defendant, and the dismissal of applications by other cl....
The main legal point established in the judgment is the mandatory requirement for the court to determine the legal representative of a deceased party when a dispute arises, as per Order 22 Rule 5 of ....
Merely because the evidence of respondent/defendant and Prabhakar Rao (PW-2) was not repeated all over again, it cannot be held that the appellant/ plaintiff could be non-suited on this ground.
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....
Substitution – If any legal heirs of a party in suit comes to be substituted on the basis of Will as plaintiff/appellant in a suit, for the same, there is no requirement of Probate.
The main legal point established is that legal representatives are entitled to implead themselves and continue a suit under Order XXII Rule 9 C.P.C, and that rules and procedures should serve the cau....
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