Court No. - 14 Case :- MISC. SINGLE No. - 264 of 2010 Petitioner :- Ram Naresh And Ors. Respondent :- Ram Abhilash And Ors. Petitioner Counsel :- J.P.Yadav Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the petitioner and perused the impugned
order.
The submission is that the court below had erred in substituting the
opposite parties no. 2 to 5 as heirs and legal representatives of deceased
Ram Kumar, defendant no. 3 in original suit no. 211 of 1986 and in
rejecting the petitioner’s objection which was to the effect that he was
only heir and legal representative of the deceased opposite party no. 1.
and the revisional court in rejecting the petitioner’s revision also fell
into the same error.
Considering the submissions made on behalf of the petitioner and the
facts stated this court is of the view that the matter requires
consideration upon receiving response from the opposite parties
Issue notice to the opposite party nos. 1 to 5 returnable within six
weeks. Steps within a week.
List immediately after six weeks.
Till the next date of listing further proceedings in original suit no. 211
of 2006, Ram Abhilash Vs. Ram Karan and others pending in the Court
of learned Additional Civil Judge (Junior Division) Court no. 31,
Sultanpur shall go on but the judgment shall not be passed.
Order Date :- 22.1.2010