Ram Pravesh vs Nand Kishore - 1986 Supreme(All) 928

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1986 Supreme(All) 928

M. M. GOPAL
Ram Pravesh – Appellant
Versus
Nand Kishore – Respondent

Advocates appeared:
Mr. A.K. Shukla, Advocate, for the Applicant; Mr. Dhananjai Prasad, Advocate, for the Opposite Party

JUDGMENT

M.M. Gopal, Member - This is a revision against the judgment of the trial court dated February 17, 1982 by which it allowed the substitution application. The learned Additional Commissioner by his order dated April 5, 1983 recommended that the revision be dismissed.

2. Heard the learned counsels and perused the file.

3. The facts of the case are that Ramji Prasad (father of Nand Kishore etc.) filed a suit against Dinanath and others. Written statement were filed by Ram Pravesh, Lalji and Shri Shiv Kunwar.

A substitution application was filed by Nand Kishore on February 13, 1981. An objection was filed by Ram Pravesh on December 21, 1981 on the allegation that the suit abated and the substitution application is time barred and it should not be allowed.

4. On February 17, 1982 the trial court allowed the substitution application after considering the points raised by both the parties. The benefit of Section 5 was given and the substitution was allowed.

5. The learned counsel has contended that the provisions of order 22 Rules 4 and 9 of the C.P.C. have not been followed and the knowledge of death was admitted hence there was no question of allowing the time barred substitutio

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