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2004 Supreme(All) 50

A.K.YOG, V.N.SINGH
NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY – Appellant
Versus
POORAN SINGH – Respondent


Advocates Appeared:
Anurag Khanna, S.P.SINGH, VINOD SINHA

A. K. YOG, J.

( 1 ) WHEN the aforesaid First appeals were presented before Court, the bench Secretary pointed out the objection noted by Stamp Reporter, apart from other notings, which read, "parties not properly described".

( 2 ) LEARNED counsel for the appellants, sri Anurag Khanna, Advocate, seeks to challenge the aforesaid objection made by the stamp Reporter of the Court.

( 3 ) SINCE the aforequoted objection by the stamp Reporter was not clear, Court sent for the Stamp Reporter Sri Harish Chandra srivastava, who has appeared before the court and explained the noting. It is submitted by the Stamp Reporter that the objection was made for the reason that the name of the deceased party was not to be shown in the appeal as the said party has died and of the names of the legal Representative, brought on record, alone are to be mentioned in the array of parties in the memo of appeal irrespective of and not withstanding that name of original party is described with a note since Dead through legal Representative.


( 4 ) IN aforementioned First Appeal No. 1239 of 2003. We find that trial Court while preparing decree omitted to indicate the name of the original deceased party in the desc



























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