( 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 description of parties and instead described the legal representatives by showing them as 1/1 and 1/2. However, on the folio attached to the decree there is a stamp with entries filled in the hand wherein the description of the case is "lar 249/96 khacheru v. Sarkar Hoshiarpur" instead of the Collector, Ghaziabad. This shows that the case is still identified by the name of khacheru, the deceased party, but in the decree his name has been completely removed/erased and only LRs. are mentioned as 1/1 and 1/2. The appellants, however, in the Memo of Appeal, on his own, supplied name of the deceased original party, whose legal representatives were brought on record. As per the Stamp Reporter, learned counsel cannot mention the name of original party, who has died, after L. Rs. have been brought on record and mentioned in the array of parties. In all other First Appeals mentioned above, trial Court decree contains the name of the party who had died and shown to be represented by the L. Rs. Learned counsel for Appellant described the parties as per the decree Stamp Reporter, however, made an objection on indicating the name of deceased original party on the pretext (as disclosed in Court) that name of dead person cannot be given in array of parties as no notice can be sent to a dead person.

( 5 ) THE context of the above, an interesting procedural issue is in contest.

( 6 ) AT the first glance, issue may appear simple and innocuous, but in our considered opinion if it is viewed seriously and in depth, it is certainly not. The issue is of multi-dimensional complexities.

( 7 ) THE Court is thus called upon to decide the question, whether name of a party, whether plaintiff or defendant, can be deleted/erased/washed off removed, in case of death and/or while substituting legal representatives of such deceased party.

( 8 ) TO appreciate aforesaid question, reference be made to the following provisions of the Code of Civil Procedure, General Rules (Civil) framed by the High Court of Judicature at Allahabad in exercise of powers conferred by Article 227 of the Constitution of india and Section 122 of Code of Civil Procedure, with previous approval of Govt. of uttar Pradesh, and Rules of Court, 1952, framed by the High Court of Judicature at allahabad in exercise of powers conferred under Article 225 of the Constitution of India. Code of Civil Procedure sec. 2 (11 ). "legal Representative" means a person who in law represents the estate of a deceased person, and includes any person, who intermedies with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued. Section 33. Judgment and decree: The court, after the case has been heard, shall pronounce judgm