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1971 Supreme(All) 275

J. S. TRIVEDI
Murari Lal – Appellant
Versus
Srimati Gurdei – Respondent


Advocates appeared:
N.D. Ojha, Advocate, For the Appellant / Shakeel Ahmed, Advocate, For the Respondents

JUDGMENT

J.S. Trivedi, J. - Srimati Gurdei, plaintiff-respondent No. 1 filed the suit for ejectment and arrears of rent in respect of a shop situated in Mohalla Mahadevan Tola, Fatehpur, against Mohan Lal. The suit was decreed by the learned Munsif on 12-9-69. Mohan Lal died on 4th October, 1969 leaving behind his sons Murari Lal and Behari Das, Radha Pyari daughter and his widow Smt. Sukhrana Devi as his legal representatives. Mohan Lal and Smt. Sukhrana Devi filed an appeal against the judgment and decree of the learned Munsif impleading Behari Das and Smt. Radha Payri as proforma-respondents. An application was also given by the appellants Murari Lal and Smt. Sukhrana Devi mentioning therein that Mohan Lal had died on 4-10-1969 leaving behind the four legal representatives mentioned above and they be made legal representatives of Mohan Lal. An objection was raised by the Munsarim of the District Judge's Court on the Memorandum of Appeal. The objection was to the effect that the appellants were not parties to the original decree and proceedings for substitution of Mohan Lal deceased should be taken before the Appeal is registered. The learned District Judge interpreted the objecti

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