Indian Kanoon - Search engine for Indian Law

Patna High Court - Orders

Chandeshwar Singh @ Chandeshwar Das vs Mahesh Singh on 17 May, 2016

Author: Mungeshwar Sahoo

Bench: Mungeshwar Sahoo

      Patna High Court C.Misc. No.131 of 2016 (2) dt.17-05-2016




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CIVIL MISCELLANEOUS JURISDICTION No.131 of 2016
                   ======================================================
                   Chandeshwar Singh @ Chandeshwar Das
                                                                  .... .... Appellant/s
                                                Versus
                   Mahesh Singh
                                                                 .... .... Respondent/s
                   ======================================================
                   Appearance :
                   For the Appellant/s  :  Mr. Dheeraj Kumar Roy
                   For the Respondent/s  : Mr.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR
                   SAHOO
                   ORAL ORDER

2   17-05-2016

Learned senior counsel Mr. R.S. Pradhan for the petitioner has submitted that the deceased plaintiff respondent executed Will in favour of the present petitioner. The petitioner filed Probate Case and the Probate Case has been allowed and certificate of Probate has already been granted. On the basis of certificate, he has been added as plaintiff respondent in Eviction Appeal No. 03 of 2002, which has been filed by the tenant. The tenant filed application for substitution of the family members of Mahant which was objected by the petitioner on the ground that in fact the petitioner is the only legal representative and heir of the deceased plaintiff respondent but the Court below allowed this substitution application without deciding the question under Order-XXI Rule-5 of the C.P.C. In support of his contention, the learned Senior counsel relied upon (2008) 8 Supreme Court Cases 521.

Issue notice to the respondent in admission matter for which the petitioner shall file the necessary requisites in ordinary process as well as registered post both within one week after summer vacation. Peremptory.

In the meantime, further proceeding in Eviction Appeal No. 03 of 2002 pending in the Court of Additional District Judge-VI, Vaishali at Hajipur shall remain stayed.

(Mungeshwar Sahoo, J.) Amit/-

U