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1977 Supreme(MP) 25

G.P.SINGH
RAJ MAN SINGH – Appellant
Versus
RAMVISHAL – Respondent


Advocates Appeared:
B.P.PANDEY, R.K.Shrivastava,

JUDGMENT :

( 1. ) THE suit in which this revision arises was instituted by 4 plaintiffs, namely, Rambishal, Bhagwandas, Ramkhelawan and Mst. Bhagwania. The first three are brothers. Smt. Bhagwania is their aunt. The suit is for possession of certain portions of Khasra Nos. 244 and 301 of village Pipri. The case as laid in the plaint is that plaintiff No. 4 Smt. Bhagwania held one-third share in these lands and the remaining two-third was held by the other three plaintiffs. It is further alleged that the defendants forcibly took possession of the suit portions of the aforesaid Khasra numbers in July 1963. Plaintiff No. 1 Rambishal died sometime in 1967. No application was made for substitution of his legal representatives. Plaintiff No. 2 Bhagwandas died on 29th May 1976. An application was made on 21st June 1976 for substitution of his legal representatives. In this application, it was alleged that plaintiff No. 1 Rambishal and plaintiff No. 3 Ramkhelawan were joint and after Rambishals death, Ramkhelawan became the karta of the family and was in that capacity competent to represent the interest of Rambishal after his death. It was prayed in the application that the legal representa






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