Heeralal (deceased) through his legal representatives vs Smt. Munni Devi and Others

Narendra Kumar Jain, J.—Heard learned counsel for the parties.

Legal representatives of deceased-Appellant Heeralal have filed present application for extension of time for furnishing written undertaking in pursuance of order dated 03.05.2011 along with an application under Order 22 Rule 3 CPC for taking them on record in place of deceased-Appellant Heeralal, contending therein that after passing of order dated 03.05.2011 by this Court, the Appellant Heeralal died, therefore, they may be substituted in his place and they may be allowed to furnish written undertaking in pursuance of order dated 03.05.2011 passed by this Court.

Application under Order 22 Rule 3 CPC is allowed.Applicants/legal representatives of deceased-Appellant Heeralal are substituted in his place. Amended Cause Title annexed with the application is taken on record.

Another application for extension of time to furnish written undertaking is also allowed.

The applicants/legal representatives of deceased-Appellant Heeralal are permitted to file written undertaking as per order dated 03.05.2011 passed by this Court in S.B. Civil Regular Second Appeal No. 376/2010 within ten days from today. They are also directed to deposit all arrears of rent due till now within a period of 15 days and will continue to pay/deposit future mesne profit, as per order dated 03.05.2011 passed by this Court, in Savings Bank A/C. No. SB/GEN/1392 in the name of Respondents namely Milap Chand Patni and Munna Devi Patni, in Dena Bank, Haldiyon Ka Rasta, Jaipur. It is made clear that in case account of landlord has been closed for any reason, then it will be open for the legal representatives of deceased-Appellant to deposit the amount in the trial court. The other terms and conditions of the order dated 03.05.2011 shall remain as it is.