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2004 Supreme(All) 324

JANARDAN SAHAI
NAND RANI – Appellant
Versus
DIVISION, PILIBHIT – Respondent


Advocates Appeared:
G.L.Tripathi, J.N.TIVARI, K.K.Arora

JANARDAN SAHAI, J.

( 1 ) A decree for eviction in favour of Seo Shankar Lal against Lal Behari was passed in suit No. 36 of 1964. The decree was put into execution by Sheo Shanker Lal. Sheo Shanker Lal died during the pendency of the execution proceedings. An application was filed by the 2nd respondent Rama Devi for substitution in his place. The application was allowed by the order dated 26-4-91 of the executing Court. Lal Behari filed a revision no. 26 of 1991 against this order. The revision was dismissed on 6-4-1995. It appears that an application dated 6-11 -96 was gv/gv/a537/2004/gsd-VNP/usa/24959/2004 then filed by the petitioner for substituting her name in place of the deceased decree holder Sheo Shankar Lal and for striking off the name of respondent No. 2 Smt. Rama devi. Objections were filed to this application by the 2nd respondent. The petitioner also filed another application for cross-examining the 2nd respondent, Smt. Rama devi. Both the applications of the petitioner for substitution as well a for cross-examination were rejected by the executing Court by its order dated 3-12-97. Against this order, a revision was preferred by the petitioner, which was dismissed on














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