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1996 Supreme(SC) 1166

K.VENKATASWAMI, N.P.SINGH
Deu – Appellant
Versus
Laxmi Narayan – Respondent


ORDER

1. One Smt Phulla, the widow of Chunnilal, filed a suit for partition in the year 1965 in the Court of Civil Judge, Nasirullahganj. During the pendency of the suit, she died and Laxmi Narayan, Respondent 1 hereinafter to be referred to as the respondent) filed an application in substitution claiming to be the legal heir of the aforesaid Smt Phulla on the basis of a registered deed of adoption dated 24-6-1967. It may be mentioned that Smt Phulla was the second wife of Chunnilal who had three sons from his first wife namely, Bhagchand, Harchand and Ram Charan. Bhagchand died in the year 1960. So far as the other two sons Harchand and Ram Charan are concerned, who shall be deemed to be the stepsons of Smt Phulla, they were impleaded as defendants in a suit aforesaid. They contested the claim of the respondent to be substituted in place of Smt Phulla. According to them, after the death of Smt Phulla they shall be the heirs and legal representatives of Smt Phulla as well. The trial court rejected the prayer for substitution made on behalf of the respondent. Against that a revision was filed before the High Court on behalf of the respondent. The High Court was of the opinion that o




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