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SARAL SRIVASTAVA
Ram Paras – Appellant
Versus
Gyani Devi (Since Deceased) – Respondent
JUDGMENT :
1. Heard Sri Vineet Kumar Singh, learned counsel for the appellants, and Sri Siddhartha Srivastava learned counsel for the respondents.
2. Since, these two appeals involve common issues, therefore, both appeals are being decided together with this common judgement.
3. The F.A.F.O. No.524 of 2020 has been preferred by Ram Paras and others, who have been substituted as legal heirs of late Tilakdhari who was defendant no.1 in Original Suit No.427 of 1991, challenging the order dated 16.01.2020 passed by the Additional District Judge, Court No.1, Maharajganj whereby, it has allowed application (55Ga) filed by respondent no.4-Smt. Runa Devi in Civil Appeal No.29 of 2009 for impleading her under Order 22 Rule 10 of C.P.C. as assignee of late Gyani Devi, who was the plaintiff in Original Suit No.427 of 1991.
4. F.A.F.O. No.525 of 2020 has been preferred by Dilip Kumar, who was defendant no.2 in Original Suit No.427 of 1991, against the same order i.e. order dated 16.01.2020 passed by the Additional District Judge, Court No.1, Maharajganj.
5. For the sake of convenience, facts are being delineated from F.A.F.O. No.524 of 2020.
6. The brief facts of the case are that one Smt. Gya
The main legal point established in the judgment is the mandatory requirement for the court to determine the legal representative of a deceased party when a dispute arises, as per Order 22 Rule 5 of ....
The main legal point established in the judgment is the court's power to treat an application under Order 22 Rule 4 of CPC as an application under Order 1 Rule 10 of CPC, allowing for the substitutio....
Point of Law : Code of Civil Procedure enjoins various provisions only for the purpose of avoiding multiplicity of proceedings and for adjudicating of related disputes in the same proceedings, the pa....
Merely because the evidence of respondent/defendant and Prabhakar Rao (PW-2) was not repeated all over again, it cannot be held that the appellant/ plaintiff could be non-suited on this ground.
The right to apply under Order XXII Rule 10 CPC is a continuing right and can be exercised at any time during the pendency of a suit.
Procedural compliance is essential in determining legal representation before proceeding with appeals, especially when disputes arise over the validity of claims.
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