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2005 Supreme(All) 1237

Umesh Chandra Saxena (D. ) – Appellant
Versus
Mohini Bajpai – Respondent


Advocates:
Ajit Kumar, V.B.UPADHYA, Vipin Saxena,

POONAM SRIVASTAVA, J.

( 1 ) HEARD Sri V. B. Upadhya, senior advocate, assisted by Sri Vipin Saxena, advocate appearing for the revisionists and Sri Ajit Kumar, advocate has accepted notice on behalf of the respondent nos. 1 to 5. Counter and rejoinder-affidavits have been exchanged. This revision has come up before me after being nominated by Honble the Chief Justice and on agreement between the parties, the revision is being heard finally. ( 2 ) THIS revision has been filed challenging the order dated 30. 1. 2004, passed by Additional Civil judge/additional Judge Small Causes (Senior Division) Allahabad, allowing the application No. 2457c in Original Suit No. 360 of 2000, Smt. Mohini Bajpai and Ors. v. U. C. Saxena (since deceased) Navneet Kumar Saxena and Ors. . By virtue of the impugned order, the learned additional Civil Judge (Senior Division) has allowed an Application No. 2457c whereby an impleadment application on behalf of the plaintiff was moved after death of the sole defendant u. C. Saxena. The prayer in the application was to permit the plaintiff to delete the name of U. C. Saxena and against his name the words "since deceased" be added and the second prayer was in pla




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