By the Court.—Heard Sri Manish Kumar, learned counsel for the appellant and Sri Krishna Kumar Singh, holding brief of Sri M.S. Rathore Advocate.

2. Late Om Prakash, father of the respondent, while working as Class-III employee in Civil Court district Hardoi, was assigned duty in Election of the year 1996. It appears that late Om Prakash had gone to attend Election duty on 3.10.1996 but he did not turn up. Thus, he is missing since 1996.

3. A Regular Suit No. 56 of 2008 was filed by the wife of Om Prakash in the Court of Civil Judge (Jr. Div.) West, Hardoi, to declare Om Prakash her husband, as dead. The suit was decreed by the learned Civil Judge (Jr. Div.), West Hardoi on 31.5.2008. The operative portion of the judgment and decree dated 31.5.2008 is reproduced as under:

Þnkok ;kphx.k fo:) Áfroknh lO;; fMØh fd;k tkrk gSA tfj, fMØh ?kks"k.kkRed vkse Ádk'k iq= Lo0 fljnkj flag fuoklh xzke HkViqjok etjk Qjhnkiqj ijxuk caxj Fkkuk lqjlk rglhy o ftyk gjnksbZ dks e`r ?kkf"kr fd;k tkrk gSAÞ

4. From the aforesaid declaration, it is evident from the record that by decree and order dated 31.5.2008, Om Prakash, husband of Savitri Devi, resident of village Bhatpurwa, Majra Faridapur, Pa