Madhya Pradesh High Court
Bholeram (Dead) Thr. Lrs. Ramesh ... vs Phoolchand Sahu (Dead) Thr. Lrs. ... on 15 October, 2019
Author: B. K. Shrivastava
Bench: B. K. Shrivastava
1 MA-2069-2015
The High Court Of Madhya Pradesh
MA-2069-2015
(BHOLERAM (DEAD) THR. LRS. RAMESH CHANDRA SAHU Vs PHOOLCHAND SAHU (DEAD) THR. LRS.
KAILASH CHANDRA SAHU)
5
Jabalpur, Dated : 15-10-2019
Shri Aishwary Sahu, counsel for the appellants.
Shri Umesh Trivedi counsel for the respondent No.1(a) to (d).
Shri Trivedi Advocate submitted that he does not want to file the reply of all three pending I.As. therefore, argument heard upon I.A. No. 12424/2019 filed under Order 22 Rule 3 of CPC, I.A. No.12422/2019 filed under Section 5 of Limitation Act and I.A. No.12425/2019 filed under Order 22 Rule 9 of CPC.
It is submitted that the appellant No.1 has expired on 31.12.2017 leaving behind 5 LRs. namely, Smt. Malti Bai, Santosh Sahu, Smt. Manju Bai, Smt. Manisha Sahu and Krishnakant Sahu. All three applications are supported by affidavit of Suresh Kumar. The death certificate has also been filed which shows the date of death as 31.12.2017. No any written reply has been filed, therefore, after consideration all three applications are allowed.
Delay is hereby condoned and the abatement is also set aside.
The appellant is permitted to bring the name of LRs. on record. The appellant is directed to incorporate the appropriate amendment in the cause- title of the appeal memo and also file Vakalatnama on behalf of all five LRs.within 15 working days from today.
(B. K. SHRIVASTAVA) JUDGE kundan Digitally signed by KUNDAN SHARMA Date: 17/10/2019 12:19:53