Madhya Pradesh High Court
Smt.Kailashu Devi @ Kailashwati & Ors. vs Secretary,Government Of India & Ors. ... on 27 March, 2014
Second Appeal No. 1127 of 2005
27.03.2014
Shri P.R. Bhave, learned Sr. Adv assisted by Shri Deodatt Bhave,
learned counsel for the appellants.
Heard on the question of admission.
Having heard, keeping in view arguments, after perusing the records
of both the courts below alongwith the impugned order of the trial court as
well as judgment of the appellate court this appeal is admitted for hearing
on the following substantial questions of law :-
1. Whether the trial court has committed error
in dismissing the suit as abated in toto only on non
taking the steps to substitute the legal
representatives of deceased, principle plaintiff no.1,
Tajbali Singh, the predecessor in title of appellant
nos. 1 to 4 herein while appellant no. 5 and 6 herein
were already on record as plaintiff nos. 2 and 3?
2. Whether the appellate court has committed
error in affirming the aforesaid order of the trial court
by the impugned judgment and decree, if so then
effect?
Let notice of this admission alongwith the copy of aforesaid framed
substantial questions of law, returnable within three months be issued to the
respondents.
Necessary steps alongwith requisites of registered post in this regard be taken within seven working days, failing which this appeal shall stand dismissed automatically without further reference to the Bench.
C.c as per rules.
(U.C.Maheshwari) Judge bks