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Judgment
THE complainant died on 24th June, 1994 in a road accident. An application has been moved to bring her legal representatives on the record. THE application of the complainant has been contested by the opposite party on the ground that right to continue the complaint does not survive to the legal representatives of the deceased. It is further pleaded that in any case, the letters of administration should be obtained by the legal representatives.
WE have duly considered the matter. An affidavit has been filed by Shri Surya Kant, the husband, that the deceased left him and the two minor daughters as her legal heirs and that she left no other legal heir. Both the children are minors. There is no ground to disbelieve his affidavit. Consequently, we hold that the applicants are legal heirs of the deceased. Reference has not been made to any provision of law by the Counsel for the O.P. that the legal representatives of the deceased are not entitled to continue the complaint or that without the letters of administration they cannot continue the complaint. Therefore, we reject the pleas of the opposite party and direct that the applicants be brought on the record as the legal representatives of the deceased. Complaint allowed.