Jagan Singh vs Navlobai @ Navli And Others

Satyendra Kumar Singh, J

This appeal is listed today for consideration of I.A.Nos.1678/2020, 1675/2020 and 1595/2023.

I.A.o.1595/2023 is an application filed under Order 22 Rule 3 of CPC on behalf of appellant for bringing the legal heirs of appellant.

Learned counsel for proposed legal hears of appellant submits that sole appellant Jagan Singh has died on 20.1.2023, therefore, his legal heirs are required to be taken on record. Affidavit of proposed legal heirs of Jagan Singh along with death certificate of appellant Jagan Singh is filed in support of above submission.

Application appears to be within limitation and has not been opposed by learned counsel for the respondent No.4, therefore, the same is allowed.

Let appeal memo be amended accordingly.

I.A.No.1678/2020 is an application filed on behalf of the appellant for bringing legal heirs of respondent No.2 while I.A.No.1675/2020 is an application filed under Section 5 of Limitation Act for condonation of delay in filing the application.

Let notice of aforesaid applications be issued to the proposed legal heirs of respondent No.8 Ramswaroop by registered as well as ordinary mode. Process fee be paid within a week. Notices be made returnable within four weeks.